By: Sam Mitchell

BACKGROUND

This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. The following four notes provide an update on the government’s plan in light of a hard Brexit.

EXHAUSTION RIGHTS

In the event of ‘no deal’ the note confirms that the UK will continue to recognise the EEA regional exhaustion regime from exit day. Accordingly, there will be no immediate change to the rules affecting imports of IP-protected goods into the UK.

However, while there may be no change for imports into the UK, there may be restrictions on the export of parallel goods from the UK to the EEA. UK to EEA exporters will need to check with EU rights holders to see if permission is needed.

The government will thereafter be conducting research and consultation to see if any longer term changes to the regime will be required.

For further information please contact Ruth Hoy (Partner).