What impact will the UK’s decision to leave the EU have on the rules governing parallel imports and the exhaustion of rights? Will the position differ depending on whether or not the UK is a member of the European Economic Area (EEA)? How are the changes likely to affect brand owners and those who import branded goods into the UK?

The EU principle of exhaustion of trade mark rights currently has effect in the UK by virtue of two pieces of legislation:

1. •

   section 12 of the Trade Marks Act 1994 (TMA 1994) (which implements article 7 of Directive 2008/95/EC) in respect of national trade marks, and

2. •

   article 13 of the Council Regulation (EC) No 207/2009 (as amended by Regulation (EU) 2015/2424) (the EU Trade Mark Regulation) in respect of EU trade marks

Both the above provide that trade mark rights cannot be enforced against goods which have been put on the market bearing the relevant trade mark ‘in the European Economic Area’ by the trade mark owner or with his consent, unless there are ‘legitimate