Exiting The European Union 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Amendment of primary legislation Amendment of the Registered Designs Act 1949 3 1 The Registered Designs Act 1949 is amended as follows. 2 In section 7A (infringements of rights in registered designs) , in subsection (4), after “market in” insert “ the United Kingdom or ” . 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 4 1 The Copyright, Designs and Patents Act 1988 is amended as follows. 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 ” . 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 ” . 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. . 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 5 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 ” . 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 6 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 7 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 ” . Chris Skidmore The Minister for Universities, Science, Research and Innovation Department for Business, Energy and Industrial Strategy