On 29 September 2021, the UK government updated its information on Parallel Trade Between the UK and the EEA with regards to Intellectual Property. This can be viewed here.
The IP rights in goods placed on the UK market by, or with the consent of the right holder after the transition period may no longer be considered exhausted in the EEA. This means that businesses parallel exporting these IP-protected goods from the UK to the EEA might need the right holder’s consent.
The IP rights in goods placed on the EEA market by, or with the consent of the right holder after the transition period will continue to be considered exhausted in the UK. This means that parallel imports into the UK from the EEA will be unaffected.
The UK government is currently considering what the UK’s future IP exhaustion regime should be. The government ran a consultation for 12 weeks from June to August 2021 and is now carefully considering consultation responses. Once the analysis of consultation responses is complete, the government will make a decision and choose the option which best serves the UK economy, the UK public and the UK as a whole. We are aware that many businesses and consumers are interested on this matter so when that decision is made, we will work as quickly as possible to make an announcement.