# The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019

S.I. 2019/265 · made 14 February 2019 · revised to 31 December 2023

These Regulations:modify the effect of retained EU law deriving from certain directly effective rights arising under the Treaty on the Fuctioning of the European Union and the Agreement on the European Economic Area, andamend retained EU law relating to intellectual property,

PDFs: Printed copy https://openlegislation.uk/intellectual-property-exhaustion-of-rights-eu-exit-regulations-2019/pdf/uksi_20190265_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/intellectual-property-exhaustion-of-rights-eu-exit-regulations-2019/pdf/uksiem_20190265_en.pdf

## Introductory text

Exiting The European Union
Intellectual Property
Made 14th February 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

## Part 1: Introduction

## 1 Citation and commencement

These Regulations may be cited as the Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 and come into force on exit day.

## Part 2: Effect of certain retained EU law

## 2 Exhaustion of intellectual property rights

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Part 3: Amendment of primary legislation

## 3 Amendment of the Registered Designs Act 1949

(1) The Registered Designs Act 1949 is amended as follows.
(2) In section 7A (infringements of rights in registered designs) , in subsection (4), after “market in” insert “ the United Kingdom or ”.
(3) In section 24G (meaning of “infringing article”) , in subsection (5), for the words from “an enforceable” to the end substitute “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

## 4 Amendment of the Copyright, Designs and Patents Act 1988

(1) The Copyright, Designs and Patents Act 1988 is amended as follows.
(2) In section 18 (infringement by issue of copies to the public) , in subsection (2), after “put into circulation in” insert “ the United Kingdom or ”.
(3) In section 27 (meaning of “infringing copy”) , in subsection (5), for the words from “any enforceable” to the end substitute “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.
(4) In section 182B (consent required for issue of copies to the public) —
(a) in subsection (2), for “EEA” (in each place) substitute “ UK-EEA area ”;
(b) in subsection (3)—
(i) in paragraph (b), for “another” substitute “ an ”;
(ii) in the words after that paragraph, for “EEA” (in both places) substitute “ UK-EEA area ”;
(c) after subsection (3) insert—
“(3A) In this section “UK-EEA area” means the United Kingdom and the EEA, taken together.”.
(5) In section 228 (meaning of “infringing article”) , in subsection (5), for the words from “any enforceable” to the end substitute “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

## 5 Amendment of the Trade Marks Act 1994

(1) The Trade Marks Act 1994 is amended as follows.
(2) In section 12 (exhaustion of rights conferred by a registered trade mark), in subsection (1), after “market in” insert “ the United Kingdom or ”.
(3) In section 17 (meaning of infringing goods) , in subsection (3), for “an enforceable EU right” substitute “ anything which forms part of retained EU law as a result of section 3 or 4 of the European Union (Withdrawal) Act 2018 ”.

## Part 4: Amendment of subordinate legislation

## 6 Amendment of the Design Right (Semiconductor Topographies) Regulations 1989

In regulation 8 (infringement) of the Design Right (Semiconductor Topographies) Regulations 1989 , in paragraph (2)(b), omit “other”.

## 7 Amendment of the Copyright and Rights in Databases Regulations 1997

In regulation 12 (interpretation) of the Copyright and Rights in Databases Regulations 1997 , in paragraph (5), after “EEA” (in both places) insert “ , the United Kingdom ”.

## Signature

Chris Skidmore
The Minister for Universities, Science, Research and Innovation
Department for Business, Energy and Industrial Strategy

## Explanatory note

(This note is not part of the Regulations)
These Regulations:
a)modify the effect of retained EU law deriving from certain directly effective rights arising under the Treaty on the Fuctioning of the European Union and the Agreement on the European Economic Area, and
b)amend retained EU law relating to intellectual property,
which concern the exhaustion of rights of the holder of an intellectual property right. The provisions address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An explanatory memorandum is available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2019/265 (the official version)
Page: https://openlegislation.uk/intellectual-property-exhaustion-of-rights-eu-exit-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.