The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 No. 265

PART 3 U.K. Amendment of primary legislation

Amendment of the Registered Designs Act 1949 U.K.

3.—(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 ”.

Commencement Information

I1 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

M1 1949 c.88.

M2 Section 7A was inserted by S.I. 2001/3949.

M3 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 M4 is amended as follows.

(2) In section 18 (infringement by issue of copies to the public) M5 , in subsection (2), after “put into circulation in” insert “ the United Kingdom or ”.

(3) In section 27 (meaning of “infringing copy”) M6 , 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) M7 —

(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”) M8 , 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

I2 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

M4 1988 c.48.

M5 Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995.

M6 Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations.

M7 Section 182B was inserted by S.I. 1996/2967.

M8 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 M9 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) M10 , 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

I3 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

M9 1994 c.26.

M10 Section 17(3) was amended by S.I. 2011/1043.