Exhaustion of IP rights is the technical term for the rules that underpin parallel trade. Parallel trade is the cross-border movement of goods that have already been placed on the market in a specific geographic territory. If a business moves, sells or relies on goods such as books, car parts or toiletries that have already been first placed on the market in another territory, the consultation is likely to be important to them.
Prior to 2021, parallel goods were able to move freely in both directions between the UK and EEA. Since 1 January 2021, the UK no longer participates in the EU’s regional exhaustion?system, and a legal default has come into effect. The consultation considers what the UK’s future exhaustion regime should be, and if there is to be a change, how any potential changes could be implemented.
The government is interested in responses from businesses, representative organisations, civil society organisations, legal practitioners and creators of new products, technology or creative works.
Please see the UK’s future exhaustion of intellectual property rights regime consultation for further information and how to respond.