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

S.I. 2019/265 · Made 14 February 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2023.

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 M1.

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.

Annotations to the whole text

Marginal citations

M1

2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Effect of certain retained EU law
  4. 2Exhaustion of intellectual property rights Repealed
  5. Part 3: Amendment of primary legislation
  6. 3Amendment of the Registered Designs Act 1949
  7. 4Amendment of the Copyright, Designs and Patents Act 1988
  8. 5Amendment of the Trade Marks Act 1994
  9. Part 4: Amendment of subordinate legislation
  10. 6Amendment of the Design Right (Semiconductor Topographies) Regulations 1989
  11. 7Amendment of the Copyright and Rights in Databases Regulations 1997
  12. Signature
  13. Explanatory note

1Citation and commencementI1

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

2Exhaustion of intellectual property rightsF1

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

3Amendment of the Registered Designs Act 1949I1

(1)

The Registered Designs Act 1949 M1 is amended as follows.

(2)

In section 7A (infringements of rights in registered designs) M2, in subsection (4), after “market in” insert “ the United Kingdom or ”.

(3)

In section 24G (meaning of “infringing article”) M3, 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 ”.

4Amendment of the Copyright, Designs and Patents Act 1988I1

(1)

The Copyright, Designs and Patents Act 1988 M1 is amended as follows.

(2)

In section 18 (infringement by issue of copies to the public) M2, in subsection (2), after “put into circulation in” insert “ the United Kingdom or ”.

(3)

In section 27 (meaning of “infringing copy”) M3, 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) M4—

(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”) M5, 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 ”.

5Amendment of the Trade Marks Act 1994I1

(1)

The Trade Marks Act 1994 M1 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) M2, 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 ”.

6Amendment of the Design Right (Semiconductor Topographies) Regulations 1989I1

In regulation 8 (infringement) of the Design Right (Semiconductor Topographies) Regulations 1989 M1, in paragraph (2)(b), omit “other”.

7Amendment of the Copyright and Rights in Databases Regulations 1997I1

In regulation 12 (interpretation) of the Copyright and Rights in Databases Regulations 1997 M1, 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:

  1. 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

  2. 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.