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

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

Citation and commencement

1

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

Exhaustion of intellectual property rights

2

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

PART 3 — Amendment of primary legislation

Amendment of the Registered Designs Act 1949

3

• (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 ”.

Amendment of the Copyright, Designs and Patents Act 1988

4

• (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 ”.

Amendment of the Trade Marks Act 1994

5

• (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

Amendment of the Design Right (Semiconductor Topographies) Regulations 1989

6

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

Amendment of the Copyright and Rights in Databases Regulations 1997

7

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 ”.

Signed

Chris Skidmore — The Minister for Universities, Science, Research and Innovation — 2019-02-14

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.

[^f00002]: OJ No. C83, 30.3.2010, p.47.

[^f00003]: OJ No. L1, 3.1.1994, p.3.

[^f00004]: 1972 c.68.

[^f00005]: 1949 c.88.

[^f00006]: Section 7A was inserted by S.I. 2001/3949.

[^f00007]: Section 24G was inserted by S.I. 2006/1028.

[^f00008]: 1988 c.48.

[^f00009]: Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995.

[^f00010]: Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations.

[^f00011]: Section 182B was inserted by S.I. 1996/2967.

[^f00012]: Section 228 was amended by S.I. 2011/1043.

[^f00013]: 1994 c.26.

[^f00014]: Section 17(3) was amended by S.I. 2011/1043.

[^f00015]: S.I. 1989/1100; there are amending instruments not relevant to these Regulations.

[^f00016]: S.I.1997/3032; regulation 12(5) was amended by S.I. 2003/2501; there are other amending instruments not relevant to these Regulations.

Editorial notes

[^c23571701]: 2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.

[^c23571741]: 1949 c.88.

[^c23571751]: Section 7A was inserted by S.I. 2001/3949.

[^c23571761]: Section 24G was inserted by S.I. 2006/1028.

[^c23571771]: 1988 c.48.

[^c23571781]: Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995.

[^c23571791]: Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations.

[^c23571801]: Section 182B was inserted by S.I. 1996/2967.

[^c23571811]: Section 228 was amended by S.I. 2011/1043.

[^c23571821]: 1994 c.26.

[^c23571831]: Section 17(3) was amended by S.I. 2011/1043.

[^c23571841]: S.I. 1989/1100; there are amending instruments not relevant to these Regulations.

[^c23571851]: S.I.1997/3032; regulation 12(5) was amended by S.I. 2003/2501; there are other amending instruments not relevant to these Regulations.

[^key-e3fa10999f91b699648af9762cdfa739]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-69d45ceb9f53dfc06611ef60e052a0a7]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-915365b9110c46e4e58acfc876c8e04d]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-db53b07a48287ade45e1bbfb9366e452]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-71546bf86c5396433a48f5ce0e6e7078]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2852d46dfab7d499ef1b10fb73522281]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-a1fe0cef43096a54d183f5aed774a5af]: Reg. 2 omitted (31.12.2023 immediately before the end of 2023) by virtue of The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 7