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

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Amendment of the Copyright, Designs and Patents Act 1988

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

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

(3) In section 27 (meaning of “infringing copy”)(3), 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)(4)—

(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”)(5), 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”.

(2)

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

(3)

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

(4)

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

(5)

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

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