Extension of UK Intellectual Property Rights to Other Territories

Granted UK (“GB”) patents, trademarks and registered designs can be extended to a number of other territories such as British overseas territories and ex colonies.

The following territories allow extension of at least patents and have populations > 250,000:

  • Brunei (417,000) 
  • Fiji (909,000)
  • Gambia (1,882,000)
  • Hong Kong (7,400,000)
  • Sierra Leone (7,100,000)
  • Solomon Islands (642,000)
  • Zanzibar (1,304,000)

There is no one single provision or condition for registration. However, there are some trends.

Some territories extend GB rights automatically without registration, but most require separate registration, at least for patents and Trademarks. Where registration is required, the application is usually to be made locally (not via the UKIPO or other UK body). The extension may be as-of-right, or sometimes comes with a rider that the extension is “normally” allowed.

A typical deadline for registering the extension of patent rights is 3 years from grant of the GB patent. Some territories allow extension based on either a direct GB patent granted by the UKIPO or a GB ratification of a European patent granted by the EPO (an “EP(GP)” patent). Others only allow extension based on a direct GB patent.

Trademarks are typically registrable at any time within the life of the GB mark. This does not include an EU or Madrid Protocol unless stated otherwise below.

Registered design rights often extend automatically (no separate registration needed).

For all types or rights, the extension often expires with the UK rights. So e.g. if the GB renewal fees are not paid or the GB patent is revoked, the extension rights also lapse.

Click here to see whether an extension is possible in over forty different countries



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