Q&As

What action should IP right holders in the UK be taking to prepare for the outcome of the government’s consultation on parallel imports?

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Produced in partnership with Daniel Byrne of AA Thornton
Last updated on 19/11/2021

The following IP Q&A produced in partnership with Daniel Byrne of AA Thornton provides comprehensive and up to date legal information covering:

  • What action should IP right holders in the UK be taking to prepare for the outcome of the government’s consultation on parallel imports?

What action should IP right holders in the UK be taking to prepare for the outcome of the government’s consultation on parallel imports?

The outcome of the government’s consultation on parallel imports is as yet unknown and may result in a range of approaches for different IP rights and different sectors of industry. The possibilities include national exhaustion, regional exhaustion (as now, where the UK considers that IP rights in goods legitimately put on the market in the EU to be exhausted in the UK) or international exhaustion. It is also possible that the exhaustion regimes adopted may be different, eg for pharma patents as compared to copyright in publications.

It is generally considered that IP rights holders benefit from more granular exhaustion regimes which allow them to partition markets, ie national exhaustion regimes compared to international exhaustion regimes; whereas consumers are generally considered to benefit from more

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Key definition:
Consultation definition
What does Consultation mean?

Legal requirement to consult members where there are material changes in the terms of a pension plan.

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