S T A T U T O R Y  I N S T R U M E N T S  
2019 No. 265 
EXITING THE EUROPEAN UNION 
INTELLECTUAL PROPERTY 
The Intellectual Property (Exhaustion of Rights) (E U Exit) 
Regulations 2019 
Made - - - - 14th February 2019 
Coming into force in accordance with regulation 1 
The Secretary of State makes these Regulations in e xercise of the powers conferred by section 
8(1) of the European Union (Withdrawal) Act 2018( a). 
In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been 
laid before Parliament and approved by resolution o f each House of Parliament. 
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. —(1) Anything which— 
(a)  was, immediately before exit day, an enforceable EU  right relating to the exhaustion of 
rights of the owner of an intellectual property rig ht under Articles 34 to 36 of the Treaty 
on the Functioning of the European Union( b) or Articles 11 to 13 of the Agreement on 
the European Economic Area( c), and 
(b)  is retained EU law by virtue of section 4 of the Eu ropean Union (Withdrawal) Act 2018, 
                                                                                                                                            
(a) 2018 c.16; see section 20(1) of that Act for the definition of “Minister of the Crown”. 
(b) OJ No. C83, 30.3.2010, p.47. 
(c) OJ No. L1, 3.1.1994, p.3.  
 
 2has the same effect on and after exit day, despite the United Kingdom not being a member State, 
as it had immediately before exit day. 
(2)  In this regulation “enforceable EU right” has the m eaning given by section 2(1) of the 
European Communities Act 1972( a) (as that Act had effect immediately before its re peal by 
section 1 of the European Union (Withdrawal) Act 20 18). 
PART 3 
Amendment of primary legislation 
Amendment of the Registered Designs Act 1949 
3. —(1) The Registered Designs Act 1949( b) is amended as follows. 
(2)  In section 7A (infringements of rights in registere d designs)( c), in subsection (4), after 
“market in” insert “the United Kingdom or”. 
(3)  In section 24G (meaning of “infringing article”)( d), 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) A ct 2018”. 
Amendment of the Copyright, Designs and Patents Act  1988 
4. —(1) The Copyright, Designs and Patents Act 1988( e) is amended as follows. 
(2)  In section 18 (infringement by issue of copies to t he public)( f), in subsection (2), after “put 
into circulation in” insert “the United Kingdom or” . 
(3)  In section 27 (meaning of “infringing copy”)( g), 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) A ct 2018”. 
(4)  In section 182B (consent required for issue of copi es to the public)( h)— 
(a)  in subsection (2), for “EEA” (in each place) substi tute “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 bo th places) substitute “UK-EEA 
area”; 
(c)  after subsection (3) insert— 
“(3A) In this section “UK-EEA area” means the Unite d Kingdom and the EEA, taken 
together.”. 
                                                                                                                                            
(a) 1972 c.68. 
(b) 1949 c.88. 
(c) Section 7A was inserted by S.I. 2001/3949. 
(d) Section 24G was inserted by S.I. 2006/1028. 
(e) 1988 c.48. 
(f) Section 18 was amended by S.I. 1992/3233, S.I. 19 96/2967 and S.I. 2018/995. 
(g) Section 27 was amended by S.I. 2011/1043; there a re other amending instruments not relevant to these  Regulations. 
(h) Section 182B was inserted by S.I. 1996/2967.  
 
 3(5)  In section 228 (meaning of “infringing article”)( a), in subsection (5), for the words from 
“any enforceable” to the end substitute “anything w hich 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( b) 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)( c), in subsection (3), for “an enforceable EU 
right” substitute “anything which forms part of ret ained 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 Topogr aphies) Regulations 1989 
6.  In regulation 8 (infringement) of the Design Right  (Semiconductor Topographies) 
Regulations 1989( d), 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( e), in paragraph (5), after “EEA” (in both places) i nsert “, the United Kingdom”. 
 
 
 
 
 
 Chris Skidmore  
 The Minister for Universities, Science, Research a nd Innovation 
14th February 2019 Department for Business, Energy and Industrial Strategy 
 
 
 
                                                                                                                                            
(a) Section 228 was amended by S.I. 2011/1043. 
(b) 1994 c.26. 
(c) Section 17(3) was amended by S.I. 2011/1043. 
(d) S.I. 1989/1100; there are amending instruments no t relevant to these Regulations. 
(e) S.I.1997/3032; regulation 12(5) was amended by S. I. 2003/2501; there are other amending instruments not relevant to these 
Regulations.  
 
 4£4.90 
UK201902141017   02/2019   19585 
http://www.legislation.gov.uk/id/uksi/2019/265 EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations: 
a) modify the effect of retained EU law deriving fr om certain directly effective rights arising 
under the Treaty on the Fuctioning of the European Union and the Agreement on the 
European Economic Area, and  
b) amend retained EU law relating to intellectual p roperty, 
which concern the exhaustion of rights of the holde r of an intellectual property right. The 
provisions address failures of retained EU law to o perate effectively and other deficiencies (in 
particular under section 8(2)(d) and (g) of the Eur opean Union (Withdrawal) Act 2018) arising 
from the withdrawal of the United Kingdom from the European Union.  
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 fores een. An explanatory memorandum is available 
alongside this instrument on the Legislation UK web site at www.legislation.gov.uk. 
  
  
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