Exhaustion of IP after Brexit: clarity from UK Government in response to consultation
Following the UK’s departure from the EU, the UK ceased to be bound by the EU’s rules on intellectual property exhaustion. Instead, the UK has adopted the UK+ scheme, as follows:
- Goods placed on the UK market by, or with the consent of, the rights holder are not considered exhausted in the European Economic Area (EEA) and so businesses exporting these goods to the EEA need the right holder’s consent.
- The IP rights in goods placed on the EEA market by, or with the consent of the rights holder, are considered exhausted in the UK.
In 2021, the UK Government launched a public consultation to consider four potential options for the UK’s future exhaustion regime:
- Maintain the UK+ scheme.
- National exhaustion regime: IP rights in goods would be exhausted in the UK when placed on the UK market, preventing the parallel importation of goods into the UK.
- International exhaustion regime: IP rights in goods would be exhausted in the UK when placed on the market in any country.
- Mixed exhaustion regime: A bespoke approach, applying different exhaustion rules to specific goods, sectors, or IP rights.
The consultation concluded there was insufficient evidence to justify departing from the current UK+ regime.
In May 2025, the UK Government published its response confirming the retention of the UK+ model.
While the legal position remains unchanged, the government’s confirmation that the UK+ scheme is here to stay provides welcome clarity for rights holders and businesses operating in the UK.
Useful link
UK Government response to the consultation on the UK’s future exhaustion of IP right regime.
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