The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023

These Regulations restate retained EU law deriving from directly effective rights arising under the Treaty on the Functioning of the European Union and the Agreement on the European Economic Area which concern the exhaustion of rights of the holder of an intellectual property right. The general principle of the exhaustion of intellectual property rights (with adaptations for each intellectual property regime) is that once a good that is subject to an intellectual property right has been placed on the market or put into circulation in the United Kingdom or the European Economic area by the holder of that right or with their consent or licence the holder cannot generally oppose further dealings in that product by asserting the holder’s rights.