Government Resources: Consultation on the UK’s future for the exhaustion of intellectual property rights
Consultation on the UK’s future for the exhaustion of intellectual property rights
Now that the UK has left the EU, the UK intends to use its regulatory freedom to decide its future exhaustion of intellectual property rights regime.
Intellectual property (‘IP’) refers to creations of the mind such as inventions, literary works or symbols used in commerce. IP is protected by rights such as patents, trade marks, design rights or copyright which are protected by law so that the creators can control use of their works in order to earn financial benefit or recognition. While IP rights exist to incentivise innovation and creation of new technology, products or creative works, this also needs to be balanced against enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society.
One mechanism to provide this balance is the principle of “exhaustion of IP rights”. While owners of IP are able to control distribution of their creation in terms of the first sale of their product, the principle of IP exhaustion puts some limits on that control. A basic example is that once you have bought a book, the owner of the copyright in that book can’t then stop you from selling that book to another person in the same territory. Exhaustion of rights underpins parallel trade, allowing the import and export of IP-protected goods that have already been put into the market across borders. There is parallel trade across many sectors, and it covers everything from medicines to automotive parts to fast moving consumer goods.
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 (known as an “exhaustion regime”), and a legal default has come into effect. At present, while parallel imports from the EEA are unaffected and can continue to enter the UK market, rights holders (of any nationality as long as they own rights within the EU) are able to prevent equivalent parallel exports from the UK to the EEA.
The UK government now has an opportunity to choose the UK’s exhaustion “regime” which will govern the future rules on parallel imports. Any change from the current system (of allowing parallel imports from the EEA but not from the rest of the world) potentially affects all sectors of traded goods. The government has therefore published a consultation on GOV.UK, seeking views on what exhaustion regime should be implemented and how a new regime could be implemented. The government welcomes businesses, civil society organisations and consumers to have their say.
This consultation closes on 31st August. To access the consultation and respond, please click here.
Webinar: Supplementary Declarations
Importing - steps you need to take before making your supplementary declaration: To support those who have delayed their customs import declarations, we explain the steps you need to take before you can make a supplementary declaration and how intermediaries can help you do this.
Registration link: https://register.gotowebinar.com/rt/4766108443388786447?source=May-HMRC-GOV
Consultation: UK Internal Market
The BEIS UK Internal Market Team have launched a consultation to ensure the new Office for the Internal Market (OIM) can set appropriate financial penalties for non-compliance with information requests. The OIM will sit within the Competition and Markets Authority (CMA) with a remit to advise, monitor and report on the effective operation of the UK internal market. This announcement follows the UK Internal Market Act 2020 becoming law in December last year.
The Competition and Markets Authority (CMA) is also consulting under section 42 of the Act on a draft Statement of Policy in relation to the enforcement by the Office for the Internal Market (OIM) of its information-gathering powers. This consultation period will be open from 10:30 on 16 June 2021 and will close at 23:59 on 22 July 2021.
In addition, the CMA has already launched a consultation about how it expects to exercise its statutory advice, monitoring and reporting functions with regard to the UK internal market. This consultation opened on 27 May 2021 and will close at 23:59 on 22 July 2021.
Event: Your Business Journey to Net Zero
YOUR BUSINESS JOURNEY TO NET ZERO - Join the Department for Business, Energy & Industrial Strategy (BEIS) to learn practical solutions for Southwest England based SMEs, wishing to embark on their own net zero journey.
Featuring Minister for Investment, Lord Grimstone of Boscobel Kt and the Government's Net Zero business champion, Andrew Griffith MP.
Including:
Case studies from experienced businesses
Registration link: https://event.bablglobal.com/beis-business-journey-to-net-zero-sw/home