About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), United Kingdom

Back
Superseded Text  Go to latest Version in WIPO Lex
Details Details Year of Version 2019 Dates Issued: January 14, 2019 Type of Text Implementing Rules/Regulations Subject Matter Enforcement of IP and Related Laws

Available Materials

Main Text(s) Related Text(s)
Main text(s) Main text(s) English The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265)        
 The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS

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(1). 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.—(1) Anything which— (a) was, immediately before exit day, an enforceable EU right relating to the exhaustion of

rights of the owner of an intellectual property right under Articles 34 to 36 of the Treaty

(1) 2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”.

Document Generated: 2020-10-23 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

on the Functioning of the European Union(2) or Articles 11 to 13 of the Agreement on the European Economic Area(3), and

(b) is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018, has the same effect on and after exit day, despite the United Kingdom not being a member State, as it had immediately before exit day.

(2) In this regulation “enforceable EU right” has the meaning given by section 2(1) of the European Communities Act 1972(4) (as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018).

PART 3 Amendment of primary legislation

Amendment of the Registered Designs Act 1949

3.—(1) The Registered Designs Act 1949(5) is amended as follows. (2) In section 7A (infringements of rights in registered designs)(6), in subsection (4), after

“market in” insert “the United Kingdom or”. (3) In section 24G (meaning of “infringing article”)(7), 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(8) is amended as follows. (2) In section 18 (infringement by issue of copies to the public)(9), in subsection (2), after “put

into circulation in” insert “the United Kingdom or”. (3) In section 27 (meaning of “infringing copy”)(10), 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)(11)— (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.”.

(2) OJNo. C83, 30.3.2010, p.47. (3) OJ No. L1, 3.1.1994, p.3. (4) 1972 c.68. (5) 1949 c.88. (6) Section 7A was inserted by S.I. 2001/3949. (7) Section 24G was inserted by S.I. 2006/1028. (8) 1988 c.48. (9) Section 18 was amended by S.I. 1992/3233, S.I. 1996/2967 and S.I. 2018/995. (10) Section 27 was amended by S.I. 2011/1043; there are other amending instruments not relevant to these Regulations. (11) Section 182B was inserted by S.I. 1996/2967.

2

Document Generated: 2020-10-23 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(5) In section 228 (meaning of “infringing article”)(12), 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(13) 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)(14), 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(15), 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(16), in paragraph (5), after “EEA” (in both places) insert “, the United Kingdom”.

14th February 2019

Chris Skidmore The Minister for Universities, Science, Research

and Innovation Department for Business, Energy and Industrial

Strategy

(12) Section 228 was amended by S.I. 2011/1043. (13) 1994 c.26. (14) Section 17(3) was amended by S.I. 2011/1043. (15) S.I. 1989/1100; there are amending instruments not relevant to these Regulations. (16) S.I.1997/3032; regulation 12(5) was amended by S.I. 2003/2501; there are other amending instruments not relevant to these

Regulations. 3

Document Generated: 2020-10-23 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations: a) 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

b) 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.

4


Legislation Is superseded by (1 text(s)) Is superseded by (1 text(s))
No data available.

WIPO Lex No. GB385