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The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023
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- 2023 No. 1287
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Amendment of the Registered Designs Act 1949
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2. Section 24G of the Registered Designs Act 1949(1) (meaning of “infringing article”) is amended as follows—
(a)in subsection (5), for the words from “may be lawfully” to the end substitute—
“(a)may be lawfully imported into the United Kingdom by virtue of anything which forms part of assimilated law as a result of section 3 of the European Union (Withdrawal) Act 2018, or
(b)has been or is proposed to be imported into the United Kingdom after being put on the market in the European Economic Area by or with the consent of the proprietor of the registered design.”.
(b)after subsection (5) insert—
“(6) In subsection (5)(a), the reference to assimilated law is to be read, until the coming into force of paragraph 2(6) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023, as a reference to retained EU law.”.
(1)
1949 c. 88. Section 24G was inserted by S.I. 2006/1028 and amended by S.I. 2019/265.
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