The paragraph on Parallel trade between the UK and the EEA in the information note has been updated following the end of the Brexit transition period. It now states as follows:

“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.

Now that the UK has left the EU, the UK government has the regulatory freedom to decide on how it wishes to manage future parallel trade into the UK. The government will conduct a consultation in early 2021 on this issue. The consultation will help to determine what the most appropriate IP exhaustion regime for the UK would be, and this “regime” will underpin the UK’s system of parallel trade. If there is to be a change to the UK’s current system, the consultation will also determine how and when any change should be implemented”. To access the key information in full, click here.