STATUT OR Y INSTRUMENTS 
2023  No. 1287 
RET AINED  EU LAW REFORM 
INTELLECTUAL  PROPER TY 
The Intellectual  Property  (Exhaustion  of Rights)  (Amendment) 
Regulations  2023 
28th November  2023 - - - - Made 
Coming  into force in accor dance  with regulation  1(b) 
The Secretary  of State  makes  these  regulations  in exercise  of the powers  conferred  by sections 
11(1) and (6), 13(2),  (3), (6) and (7) and 20(1)(b)  of the Retained  EU Law (Revocation  and 
Reform)  Act 2023 (a) (“the  2023  Act”). 
The Secretary  of State  is a relevant  national  authority (b) for the purposes  of section  11(1) of the 
2023  Act. 
In accordance  with paragraph  5(1) and (5) of Schedule  5 to the 2023  Act, a draft of this instrument 
has been  laid before  Parliament  and approved  by a resolution  of each House  of Parliament. 
Citation,  commencement  and extent 
1. These  Regulations— 
(a) may be cited  as the Intellectual  Property  (Exhaustion  of Rights)  (Amendment)  Regulations 
2023; 
(b) come  into force  immediately  before  the end of 2023; 
(c) extend  to England  and Wales, Scotland  and Northern  Ireland. 
Amendment  of the Register ed Designs  Act 1949 
2. Section  24G of the Registered  Designs  Act 1949 (c) (meaning  of “infringing  article”)  is 
amended  as follows— 
(a) in subsection  (5), for the words  from  “may  be lawfully”  to the end substitute— 
“(a) may be lawfully  imported  into the United  Kingdom  by virtue  of anything  which 
forms  part of assimilated  law as a result  of section  3 of the European  Union 
(Withdrawal)  Act 2018,  or 
(a) 2023  c. 28. 
(b) “Relevant  national  authority”  is defined  in section  21(1)  of the Retained  EU Law (Revocation  and Reform)  Act 2023. 
(c) 1949  c. 88. Section  24G was inserted  by S.I. 2006/1028  and amended  by S.I. 2019/265. (b) has been  or is proposed  to be imported  into the United  Kingdom  after being  put on 
the market  in the European  Economic  Area  by or with the consent  of the proprietor 
of the registered  design.”. 
(b) after subsection  (5) insert— 
“(6) In subsection  (5)(a),  the reference  to assimilated  law is to be read,  until the 
coming  into force  of paragraph  2(6) of Schedule  2 to the Retained  EU Law 
(Revocation  and Reform)  Act 2023,  as a reference  to retained  EU law.”. 
Amendment  of the Patents  Act 1977 
3. In section  60 of the Patents  Act 1977 (a), after subsection  (3) insert— 
“(3A)  Subsections  (1) and (2) shall  not apply  to an act done  in relation  to a 
product  that is subject  to a patent  where  the product  has been  put on the market 
in the United  Kingdom  or the European  Economic  Area  by or with the consent 
of the proprietor  of the patent  unless— 
(a) there  exist  legitimate  reasons  for the proprietor  of the patent  to oppose  the 
act for the purpose  of protecting  the proprietor ’s property , and 
(b) the opposition  to the act interferes  with the rights  of any other  person  no 
more  than is necessary  to achieve  that purpose.”. 
Amendment  of the Copyright,  Designs  and Patents  Act 1988 
4. —(1) The Copyright,  Designs  and Patents  Act 1988 (b) is amended  as follows. 
(2) In section  27(c) (meaning  of “infringing  copy”)— 
(a) in subsection  (5), for the words  from  “may  lawfully”  to the end substitute— 
“(a) may lawfully  be imported  into the United  Kingdom  by virtue  of anything  which 
forms  part of assimilated  law as a result  of section  3 of the European  Union 
(Withdrawal)  Act 2018,  or 
(b) has been  or is proposed  to be imported  into the United  Kingdom  after being  put 
into circulation  in the EEA  by or with the consent  of the copyright  owner .”; 
(b) after subsection  (5) insert— 
“(5A) In subsection  (5)(a),  the reference  to assimilated  law is to be read,  until the 
coming  into force  of paragraph  2(6) of Schedule  2 to the Retained  EU Law 
(Revocation  and Reform)  Act 2023,  as a reference  to retained  EU law.”. 
(3) In section  226 (primary  infringement  of design  right),  after subsection  (3) insert— 
“(3A) But design  right  in a design  is not infringed  where  a person  does,  or authorises 
another  to do, anything  relating  to an article  that is made  to the design  if the article 
has been  put on the market  in the United  Kingdom  or the European  Economic 
Area  with the licence  of the design  right  owner .”. 
(4) In section  228(d) (meaning  of "infringing  article”),  for subsection  (5) substitute— 
“(5) Nothing  in subsection  (3) shall  be construed  as applying  to an article  which— 
(a) 1977  c. 37. There  are amending  instruments  not relevant  to these  Regulations. 
(b) 1988  c. 48. 
(c) Section  27 was amended  by S.I. 2011/1043  and S.I. 2019/265.  There  are other  amending  instruments  not relevant  to 
these  Regulations. 
(d) Section  228 was amended  by S.I. 2011/1043  and S.I. 2019/265. 
2 (a) may lawfully  be imported  into the United  Kingdom  by virtue  of anything 
which  forms  part of assimilated  law as a result  of section  3 of the European 
Union  (Withdrawal)  Act 2018,  or 
(b) has been  or is proposed  to be imported  into the United  Kingdom  after 
being  put on the market  in the European  Economic  Area  by or with the 
licence  of the design  right  owner . 
(5A) In subsection  (5)(a),  the reference  to assimilated  law is to be read,  until the coming 
into force  of paragraph  2(6) of Schedule  2 to the Retained  EU Law (Revocation 
and Reform)  Act 2023,  as a reference  to retained  EU law.”. 
Amendment  of the Trade  Marks  Act 1994 
5. —(1) The Trade Marks  Act 1994 (a) is amended  as follows. 
(2) In section  12 (exhaustion  of rights  conferred  by registered  trade  mark),  for subsection  (2) 
substitute— 
“(2) Subsection  (1) does not apply  where— 
(a) there  exist  legitimate  reasons  for the proprietor  to oppose  further  dealings 
in the goods  for the purpose  of protecting  the proprietor ’s property  (in 
particular , where  the condition  of the goods  has been  changed  or impaired 
after they have  been  put on the market),  and 
(b) the opposition  to those  dealings  interferes  with the rights  of any other 
person  no more  than is necessary  to achieve  that purpose.”. 
(3) In section  17(b) (meaning  of “infringing  goods,  material  or articles”)— 
(a) in subsection  (3), for the words  from  “may  lawfully”  to the end substitute— 
“(a) may lawfully  be imported  into the United  Kingdom  by virtue  of anything 
which  forms  part of assimilated  law as a result  of section  3 of the European 
Union  (Withdrawal)  Act 2018,  or 
(b) have  been  put on the market  in the European  Economic  Area  under  the 
registered  trade  mark  in question  in accordance  with section  12.”; 
(b) after subsection  (3) insert— 
“(3A) In subsection  (3)(a),  the reference  to assimilated  law is to be read,  until the coming 
into force  of paragraph  2(6) of Schedule  2 to the Retained  EU Law (Revocation 
and Reform)  Act 2023,  as a reference  to retained  EU law.”. 
Amendment  of the Community  Design  Regulations  2005 
6. In regulation  1D of the Community  Design  Regulations  2005 (c) (meaning  of “infringing 
article”)— 
(a) in subsection  (5), for the words  from  “may  be lawfully”  to the end substitute— 
“(a) may be lawfully  imported  into the United  Kingdom  by virtue  of anything 
which  forms  part of assimilated  law as a result  of section  3 of the European 
Union  (Withdrawal)  Act 2018,  or 
(a) 1994  c. 26. 
(b) Section  17(3)  was amended  by S.I. 2011/1043  and S.I. 2019/265. 
(c) S.I. 2005/2339.  Regulation  1D was inserted  by S.I. 2006/1028  and amended  by S.I. 2019/638. 
3 (b) has been  or is proposed  to be imported  into the United  Kingdom  after being 
put on the market  in the European  Economic  Area  by or with the consent 
of the holder  of the supplementary  unregistered  design.”; 
(b) after subsection  (5) insert— 
“(5A) In subsection  (5)(a),  the reference  to assimilated  law is to be read,  until the 
coming  into force  of paragraph  2(6) of Schedule  2 to the Retained  EU Law 
(Revocation  and Reform)  Act 2023,  as a reference  to retained  EU law.”. 
Amendment  of the Intellectual  Property  (Exhaustion  of Rights)  (EU Exit)  Regulations  2019 
7. In the Intellectual  Property  (Exhaustion  of Rights)  (EU Exit)  Regulations  2019 (a) omit 
regulation  2 (exhaustion  of intellectual  property  rights). 
Camr ose 
Parliamentary  Under  Secretary  of State 
Department  for Science,  Innovation  and Technology 28th November  2023 
(a) S.I. 2019/265. 
4 EXPLANA TORY NOTE 
(This  note is not part of the Regulations) 
These  Regulations  restate  retained  EU law deriving  from  directly  effective  rights  arising  under 
the Treaty  on the Functioning  of the European  Union  and the Agreement  on the European 
Economic  Area  which  concern  the exhaustion  of rights  of the holder  of an intellectual  property 
right.  The general  principle  of the exhaustion  of intellectual  property  rights  (with  adaptations  for 
each intellectual  property  regime)  is that once  a good  that is subject  to an intellectual  property 
right has been placed  on the market  or put into circulation  in the United  Kingdom  or the European 
Economic  area by the holder  of that right  or with their consent  or licence  the holder  cannot 
generally  oppose  further  dealings  in that product  by asserting  the holder ’s rights. 
The principle  of exhaustion  forms  part of retained  EU law as a result  of section  3 or 4 (as 
appropriate)  of the European  Union  (Withdrawal)  Act 2018  (c. 16) (“the  2018  Act”).  Provision 
made  by the Intellectual  Property  (Exhaustion  of Rights)  (EU Exit)  Regulations  2019  (S.I. 
2019/265)  (“the  2019  Regulations”)  ensured  that retained  EU law relating  to exhaustion  of 
intellectual  property  rights  continues  to operate  effectively . Restating  the retained  EU law will 
ensure  that the principle  of exhaustion  continues  to operate  following  the repeal  of section  4 of 
the 2018  Act by section  2 of the Retained  EU Law (Revocation  and Reform)  Act 2023  (c. 28). 
These  regulations  restate  retained  EU Law as a result  of the repeal  of section  4 of the 2018  Act 
by amending  provisions  of the Registered  Designs  Act 1949  (c. 88), the Patents  Act 1977  (c. 
37), the Copyright,  Design  and Patents  Act 1988  (c. 48), the Trade Marks  Act 1994  (c. 26), the 
Community  Design  Regulations  2005  (S.I. 2005/2339)  and the 2019  Regulations. 
Regulation  2 amends  section  24G the Registered  Design  Act 1949  to provide  that the principle 
of exhaustion  continues  to operate  effectively  in relation  to articles  which  are made  to a registered 
design. 
Regulation  3 amends  section  60 of the Patents  Act 1977  to provide  that the principle  of exhaustion 
continues  to operate  effectively  in relation  to products  which  are subject  to a patent. 
Regulation  4 amends— 
(a) section  27 of the Copyright,  Designs  and Patents  Act 1988  to provide  that the principle  of 
exhaustion  continues  to operate  effectively  in relation  to copyright  works,  and 
(b) sections  226 and 228 of that Act to provide  that the principle  of exhaustion  continues  to 
operate  in relation  to articles  that are subject  to a design  right. 
Regulation  5 amends  sections  12 and 17 of the Trade Marks  Act 1994  to provide  that the principle 
of exhaustion  continues  to operate  in relation  to goods  that bear a registered  trade  mark. 
Regulation  6 amends  the Community  Design  Regulations  2005  to provide  that the principle  of 
exhaustion  continues  to operate  in relation  to articles  which  are made  to a supplementary 
unregistered  design. 
Regulation  7 amends  the 2019  Regulations  by omitting  regulation  2 in consequence  of the repeal 
of section  4 of the 2018  Act at the end of 2023. 
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. 
5 A copy  of this instrument  and the Explanatory  Memorandum  is available  from  the Intellectual 
Property  Office,  Concept  House,  Cardif f Road,  Newport,  South  Wales, NP10.  The Explanatory 
Memorandum  is also available  alongside  this legislation  on the Legislation  UK website  at 
www .legislation.gov .uk 
© Crown  Copyright  2023 
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http://www .legislation.gov .uk/id/uksi/2023/1287