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Brexit raises a number of difficult questions with regard to intellectual property
rights in a post-Brexit world, particularly for UK based pharma companies. Whilst
the position with regard to the current European patent system is unchanged, the fate
of the unitary patent and the unified patent court remains uncertain. Of more immediate
concern is the possible future position with respect to supplementary patent certificates.
Should the UK fail to reach an agreement with the EU with respect to marketing authorisations
for new pharmaceuticals then there is a real possibility that UK based pharma companies
may find themselves in a position where they are unable to obtain EU-wide SPC protection.