IP law in the UK will continue to evolve following Brexit. The review of primary legislation entailed in exiting the UK from the EU legislative structure will, however, present the UK with opportunities both to adopt improvements in line with developments in EU legislation and to make changes considered valuable from a national perspective.
Outside the EEA, and in the absence of agreement to the contrary, the geographical boundaries within which exhaustion of many intellectual property rights occurs will be reduced.
Placing products on the market in the UK will not exhaust rights relating to remaining EU and EEA countries, and placing products on the market in the EU or EEA will not exhaust UK national rights. The scope of the UK’s customs regime will be impacted accordingly (and legislation in this area will be needed in consequence).
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