Schedule 2B, Part 1, paragraph 18

This paragraph applies where immediately before IP completion day an existing IR(EU) is the subject of a licence (a “relevant licence”) which— authorises the doing of acts in the United Kingdom which would otherwise infringe the international trade mark; and does not expire on IP completion day. Subject to any agreement to the contrary between the licensee and the licensor, a relevant licence continues to authorise the doing of acts in the United Kingdom which would otherwise infringe the comparable trade mark (IR) which derives from the existing IR(EU). Sub-paragraph (2) is subject to— the terms on which the relevant licence was granted; and such modifications to the terms referred to in paragraph (a) as are necessary for their application in the United Kingdom. Section 25 applies in relation to a relevant licence as if it were a registrable transaction affecting a comparable trade mark (IR), subject to the modifications set out below. An application under section 25(1) may only be made by— a person claiming to be a licensee by virtue of the relevant licence; or the proprietor of the comparable trade mark (IR). Where immediately before IP completion day there is an entry in the International Register relating to a relevant licence— section 25(3) and (4) does not apply until after the expiry of the relevant period; and section 25(4)(a) applies after the expiry of the relevant period but as if the reference to six months beginning with the date of the transaction were a reference to eighteen months beginning with IP completion day. In sub-paragraph (6)(a), the “relevant period” means the period of twelve months beginning with the day after that on which IP completion day falls.

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Source: legislation.gov.uk · retrieved 2026-09-04