Exhaustion of intellectual property rights
Intellectual property (IP) protected goods may involve parallel trade, such as the import and export of those IP protected goods.. Parallel trade occurs when the intellectual property rights in those goods are ‘exhausted’. This means they have been placed on the market within a specific territory by, or with the permission of, the rights holder. The exhaustion of IP rights means that IP rights cannot be used to stop the further distribution or resale of those goods. This is because the uk runs o the UK+ regime which is an asymmetric flow system: This means goods can be freely imported from the EEA to the UK, but IP rights are not automatically exhausted in the EEA for goods originating in the UK.
In terms of the relationship between the EU and the UK, goods placed on the UK market by, or with the consent of, the right holder may no longer be considered exhausted in the EEA. This means that businesses exporting these IP-protected goods from the UK to the EEA might need the right holder’s consent.
Guidance on Exhaustion of IP rights and parallel trade
The UK operates an asymmetric " UK+" exhaustion of intellectual property (IP) rights regime, confirmed in May 2025 to continue post-Brexit. Under this regime, IP rights are considered exhausted—meaning the owner cannot prevent resale—once goods are placed on the market in the UK or the European Economic Area (EEA). This allows for the free, parallel importation of genuine goods from the EEA to the UK.
Key Aspects of the UK+ Regime are:
- Asymmetric Flow: Goods can be freely imported from the EEA to the UK, but IP rights are not automatically exhausted in the EEA for goods originating in the UK.
- Purpose: This system maintains the status quo, providing stability for businesses, ensuring the, continued supply of goods (e.g., medicines), and supporting competitive pricing.
- Scope: It applies to IP-protected goods such as books, toiletries, automotive parts, and medicines.
- Exceptions: IP owners may still prevent parallel imports if the goods have been modified or if the trademark reputation is damaged.
[edit] Related articles on Designing Buildings
- Appointing consultants.
- Assignment.
- Building component.
- Concept design.
- Concept..
- Confidentiality clause.
- Copyright.
- Design coordination.
- Design management.
- Design methodology.
- Design principles.
- Detailed design..
- Design protection.
- Intellectual property rights, copyright, patents, and trademarks.
- Manual drafting techniques.
- Mood board.
- Non-disclosure agreement.
- patents.
- Prejudice to commercial interests.
- Proprietary information.
- Royalties.
- Trade secrets.
- Trade mark.
- Truth to materials.
- UK consults on proposals to give creative industries and AI developers clarity over copyright laws
- What is design?
[edit] External links
Featured articles and news
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.
The 2025 draft NPPF in brief with indicative responses
Local verses National and suitable verses sustainable: Consultation open for just over one week.