Following a government consultation, updated guidance on the application and implications of Intellectual Property (IP) restrictions has been published. Essentially there is no change to the rules that were established following Brexit, but it is important for businesses who participate in this trading style are aware of the rules.
So as a reminder, for Parallel Importers, there is usually no restriction on placing parallel imported goods on the UK market, as long as the licensing rules for doing so are followed. This means that businesses can parallel import goods into the UK from the EEA without usually requiring the permission of the owner of the IP right(s) in those goods. For Parallel Exporters, there are a number of barriers to trade. Under the EU IP rules there is no ‘exhaustion of the IP’ for UK goods when entering the EU, this means that you should ask the IP rights holder for permission to export, which they may withhold. Again, as a reminder, exporters must also comply with restrictions on exporting certain medicines and be mindful of any products that are subject to shortages in the UK market.