No Deal Brexit impact on exhaustion of IP rights

As the chances of a no deal Brexit is increasing, businesses have a lot to consider and take action on.

As part of this, businesses should consider exhaustion of Intellectual Property rights.

At present, if an intellectual property owner places their goods which are protected by IP within the EU, they cannot then control or prevent movement of the same goods within the EU, as long as the other goods are not counterfeit.

This provision allows for people to sell third party products legitimately.

This is an EU principle and applies in the UK at present, as the UK is a member of the EU.

Moving forward, as the UK will remain part of the EEA, being the European Economic Area for a temporary period in there is no deal. This will allow the situation to remain the same for the time being.

How long this temporary period will continue, there is no official guidance but for now it seems the situation will not have a big impact.

As with all aspects of Brexit, certainly one to keep your eye on if your business is likely to be affected.

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