PART 1 Introduction

Citation and commencement _I1

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

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 Amendment of primary legislation

Amendment of the Registered Designs Act 1949_I2

^M23. —(1)The Registered Designs Act 1949 is amended as follows.

^M3 (2) In section 7A (infringements of rights in registered designs) , in subsection (4), after “market in” insert “ the United Kingdom or ” .

^M4 (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 ” .

Amendment of the Copyright, Designs and Patents Act 1988_I3

^M54. —(1)The Copyright, Designs and Patents Act 1988 is amended as follows.

^M6 (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 ” .

^M7 (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 ” .

^M8 (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. ” .

^M9 (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 ” .

Amendment of the Trade Marks Act 1994_I4

^M105. —(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 ” .

^M11 (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 ” .

PART 4 Amendment of subordinate legislation

Amendment of the Design Right (Semiconductor Topographies) Regulations 1989_I5

^M126. In regulation 8 (infringement) of the Design Right (Semiconductor Topographies) Regulations 1989, in paragraph (2)(b), omit “other”.

Amendment of the Copyright and Rights in Databases Regulations 1997_I6

^M137. 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 ” .