RETAINED EU LAW REFORM 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 Registered Designs Act 1949 2 Section 24G of the Registered Designs Act 1949 (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 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 , 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 is amended as follows. 2 In section 27 (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 (meaning of “ infringing article ”), for subsection (5) substitute— 5 Nothing in subsection (3) shall be construed as applying to an article which— 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 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 (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 (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 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 omit regulation 2 (exhaustion of intellectual property rights). Camrose Parliamentary Under Secretary of State Department for Science, Innovation and Technology 28th November 2023