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

• Citation: S.I. 2019/265
• Sections: 7

Section 1 Citation and commencement

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

Section 2 Exhaustion of intellectual property rights

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Section 3 Amendment of the Registered Designs Act 1949

(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 ” .

Section 4 Amendment of the Copyright, Designs and Patents Act 1988

(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 ” .

Section 5 Amendment of the Trade Marks Act 1994

(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 ” .

Section 6 Amendment of the Design Right (Semiconductor Topographies) Regulations 1989

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

Section 7 Amendment of the Copyright and Rights in Databases Regulations 1997

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 ” .