Jurisdiction(s):
United Kingdom

Key definition

Intellectual property definition

What does Intellectual property mean? Intellectual property describes intangible legal rights in creative, technical and branding outputs used and enforced in commercial practice, often abbreviated to IP or IPR. In the UK and Ireland the term is descriptive rather than a single statutory definition; discrete rights arise under specific regimes, typically including copyright, patents, trade marks, registered and unregistered designs, database right, trade secrets and confidential information, and the common law tort of passing off. These rights are territorial, generally time‑limited (trade secrets/confidential information can subsist indefinitely if secrecy is maintained), and confer exclusive rights that can be licensed, assigned, charged as security and...

UK intellectual property for medical devices: confidentiality, patents, designs, trade marks, SPCs and parallel imports across the product lifecycle post-Brexit

Published by a LexisNexis Life Sciences expert

Practice notes

Changes to Intellectual property (IP) law from 1 January 2021

Before considering how IP law applies to medical devices, it is worth noting the position as at 31 December 2020 (IP completion day). The key development concerns EU trade marks (EUTMs) and registered Community designs (RCDs).

From 1 January 2021, proprietors of EUTMs and RCDs that were already registered and published automatically acquired equivalent, registered and enforceable UK rights (UK comparable rights).
Entries on the EUIPO register were effectively cloned onto the UKIPO register.
These UK comparable rights were created automatically and at no charge to the rights holder.
They preserve the filing date and, where relevant, the priority date of the original EUTM or RCD.
They are independent of the EU rights and can be assigned or licensed on a standalone basis.
Renewal fees must be paid separately for the original EUTMs and RCDs and for the UK comparable rights.

The EU design regime has also been reformed. Regulation (EU) 2024/2822, which amends Regulation (EC) 6/2002, has applied...

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Reuben E. Jacob

Maucher Jenkins

Reuben joined Maucher Jenkins as a partner in 2003 and Head of the Life Sciences and Medtech sector. He has built up a wealth of experience in advising clients operating in the fields of biotechnology, medtech, medical device patents and chemistry, including representing industrial clients, universities and research organisations. His special interest is in helping SMEs enhance their businesses by the creation of strategies for the acquisition, organisation and exploitation of their intellectual property rights. In terms of specialist technologies, Reuben has a particular interest in fungal genetics/technologies, medical device patents, medtech and laboratory instrumentation such as thermalcyclers and lab-on-a-chip devices. Over the years Reuben has gained considerable experience in conducting oppositions and appeals before the European Patent Office, including appearing at oral proceedings before the Examining Division, Opposition Divisions and Appeal Boards. He is experienced in intellectual property...

Dr. Fiona Kellas

Maucher Jenkins

Fiona graduated from the University of Glasgow with an Honours degree in Biochemistry and was subsequently awarded a PhD in Biochemistry from the University of Cambridge. During her PhD, Fiona carried out research in the MRC LMB (MRC Laboratory of Molecular Biology) and in the MRC Mitochondrial Biology Unit in Cambridge. During her research Fiona carried out structural studies on the ATP synthase enzyme in the laboratory of Professor Sir John Walker.Fiona is a qualified UK and European Patent Attorney. In addition to working in private practice, Fiona has experience of working in-house in the intellectual property department of an antibody technology company. Fiona has experience of drafting and prosecuting patent applications, preparing and filing design applications, as well as prior art and freedom to operate searching and assessment. Fiona has worked in a wide range of...

Web page updated on 22/05/2026

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