PART 1Introduction

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 2Effect 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 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 3Amendment 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.".

(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 4Amendment 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".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations:

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.