Statutory Instruments
Exiting The European Union
Intellectual Property
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 M1.
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.
Marginal Citations
M12018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.
1. These Regulations may be cited as the Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 and come into force on exit day.
Commencement Information
I1Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 2 omitted (31.12.2023 immediately before the end of 2023) by virtue of The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023 (S.I. 2023/1287), regs. 1(b), 7
3.—(1) The Registered Designs Act 1949 M2 is amended as follows.
(2) In section 7A (infringements of rights in registered designs) M3, in subsection (4), after “market in” insert “ the United Kingdom or ”.
(3) In section 24G (meaning of “infringing article”) M4, 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
I2Reg. 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
M3Section 7A was inserted by S.I. 2001/3949.
M4Section 24G was inserted by S.I. 2006/1028.
4.—(1) The Copyright, Designs and Patents Act 1988 M5 is amended as follows.
(2) In section 18 (infringement by issue of copies to the public) M6, in subsection (2), after “put into circulation in” insert “ the United Kingdom or ”.
(3) In section 27 (meaning of “infringing copy”) M7, 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) M8—
(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”) M9, 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
I3Reg. 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
M6Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995.
M7Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations.
M8Section 182B was inserted by S.I. 1996/2967.
M9Section 228 was amended by S.I. 2011/1043.
5.—(1) The Trade Marks Act 1994 M10 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) M11, 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
I4Reg. 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
M11Section 17(3) was amended by S.I. 2011/1043.
6. In regulation 8 (infringement) of the Design Right (Semiconductor Topographies) Regulations 1989 M12, in paragraph (2)(b), omit “other”.
Commencement Information
I5Reg. 6 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
M12S.I. 1989/1100; there are amending instruments not relevant to these Regulations.
7. In regulation 12 (interpretation) of the Copyright and Rights in Databases Regulations 1997 M13, in paragraph (5), after “EEA” (in both places) insert “ , the United Kingdom ”.
Commencement Information
I6Reg. 7 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
M13S.I.1997/3032; regulation 12(5) was amended by S.I. 2003/2501; there are other amending instruments not relevant to these Regulations.
Chris Skidmore
The Minister for Universities, Science, Research and Innovation
Department for Business, Energy and Industrial Strategy
(This note is not part of the Regulations)
These Regulations:
modify the effect of retained EU law deriving from certain directly effective rights arising under the Treaty on the Fuctioning of the European Union and the Agreement on the European Economic Area, and
amend retained EU law relating to intellectual property,
which concern the exhaustion of rights of the holder of an intellectual property right. The provisions address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An explanatory memorandum is available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.