Notifying Member

United Kingdom

Details of the notified legal text

Title

The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023

Subject matter

Copyright and related rights; Trademarks; Industrial designs; Patents (including plant variety protection); Enforcement

Nature of notification

[X]     Main dedicated intellectual property law or regulation_

[  ]     Other law or regulation_

Link to legal text[*]

https://ip-documents.info/2024/IP/GBR/24_02616_00_e.pdf

Notification status

[  ]     First notification

[X]     Amendment or revision to notified legal text

[  ]_     Replacement or consolidation of notified legal text(s)

Previous notification(s) referred to

IP/N/1/GBR/83 - IP/N/1/GBR/C/4 - IP/N/1/GBR/D/38 - IP/N/1/GBR/L/3 - IP/N/1/GBR/T/53;

IP/N/1/GBR/21 - IP/N/1/GBR/D/10;

IP/N/1/GBR/P/1;

IP/N/1/GBR/T/1;

IP/N/1/GBR/C/1;

IP/N/1/GBR/D/1

Brief description of the notified legal text

These Regulations restate retained EU law ("REUL") deriving from certain directly effective rights arising under the Treaty on the Functioning of the European Union ("TFEU"), in particular from Articles 34 and 36, and the Agreement on the European Economic Area ("EEA Agreement") which concern the exhaustion of rights of the holder of an intellectual property right. The purpose of the regulations is to ensure the continued operation of the principle of the exhaustion of intellectual property ("IP") rights in the United Kingdom ("the UK's exhaustion regime") without making substantive changes to this policy area by addressing the failure of this law to operate effectively and other deficiencies as a result of the repeal of section 4 of the European Union (Withdrawal) Act 2018 ("the Withdrawal Act") by section 2 of the Retained EU law (Revocation and Reform) Act 2023 ("the 2023 Act") at the end of 2023.

Language(s) of notified legal text

English

Entry into force

28 November 2023

Other date

Notification details

Submission date of notification

12 April 2024

Other information

https://www.legislation.gov.uk/uksi/2023/1287/contents/made

Agency or authority responsible

UK Intellectual Property Office

Concept House

Cardiff Road

Newport

South Wales

NP10 8QQ

United Kingdom

information@ipo.gov.uk

0300 300 2000

Outside the UK:

+44 (0)1633 814000