Exhaustion of IP rights underpins parallel trade (import and export of IP-protected goods that have already been first sold in a specific market). Prior to 2021, parallel goods were able to move freely in both directions between the UK and EEA. Since 1 January, the UK no longer participates in the EU’s regional exhaustion system, and a legal default has come into effect.
The consultation asks whether this regime should continue or, if not, what should replace it. It is likely to be of interest to legal practitioners and any clients who move, sell or rely on goods that have already been first placed on the market in another territory.
View the consultation here and email your completed response form to IPExhaustion@ipo.gov.uk by 11.45pm on 31 August.