
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 .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
            ”.
Chris Skidmore

The Minister for Universities, Science, Research and Innovation

Department for Business, Energy and Industrial Strategy
