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

Statutory Instruments

2019 No. 265

Exiting The European Union

Intellectual Property

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 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.

Marginal Citations

M1 2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.

PART 1 U.K. Introduction

Citation and commencement U.K.

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

Commencement Information

I1 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

PART 2 U.K. Effect of certain retained EU law

Exhaustion of intellectual property rights U.K.

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 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

PART 3 U.K. Amendment of primary legislation

Amendment of the Registered Designs Act 1949 U.K.

3.—(1) The Registered Designs Act 1949 M2 is amended as follows.

(2) In section 7A (infringements of rights in registered designs) M3 , in subsection (4), after “market in” insert “ the United Kingdom or ”.

(3) In section 24G (meaning of “infringing article”) M4 , 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 ”.

Commencement Information

I2 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

Marginal Citations

M2 1949 c.88.

M3 Section 7A was inserted by S.I. 2001/3949.

M4 Section 24G was inserted by S.I. 2006/1028.

Amendment of the Copyright, Designs and Patents Act 1988 U.K.

4.—(1) The Copyright, Designs and Patents Act 1988 M5 is amended as follows.

(2) In section 18 (infringement by issue of copies to the public) M6 , in subsection (2), after “put into circulation in” insert “ the United Kingdom or ”.

(3) In section 27 (meaning of “infringing copy”) M7 , 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) M8 —

(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”) M9 , 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 ”.

Commencement Information

I3 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

Marginal Citations

M5 1988 c.48.

M6 Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995.

M7 Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations.

M8 Section 182B was inserted by S.I. 1996/2967.

M9 Section 228 was amended by S.I. 2011/1043.

Amendment of the Trade Marks Act 1994 U.K.

5.—(1) The Trade Marks Act 1994 M10 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) M11 , 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 ”.

Commencement Information

I4 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

Marginal Citations

M10 1994 c.26.

M11 Section 17(3) was amended by S.I. 2011/1043.

PART 4 U.K. Amendment of subordinate legislation

Amendment of the Design Right (Semiconductor Topographies) Regulations 1989 U.K.

6.  In regulation 8 (infringement) of the Design Right (Semiconductor Topographies) Regulations 1989 M12 , in paragraph (2)(b), omit “other”.

Commencement Information

I5 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

Marginal Citations

M12 S.I. 1989/1100; there are amending instruments not relevant to these Regulations.

Amendment of the Copyright and Rights in Databases Regulations 1997 U.K.

7.  In regulation 12 (interpretation) of the Copyright and Rights in Databases Regulations 1997 M13 , in paragraph (5), after “EEA” (in both places) insert “ , the United Kingdom ”.

Commencement Information

I6 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

Marginal Citations

M13 S.I.1997/3032; regulation 12(5) was amended by S.I. 2003/2501; there are other amending instruments not relevant to these Regulations.

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.