Right holders crave certainty in these uncertain times. Unfortunately, as with many things Brexit, we will have to wait and see until the politicians decide whose interests take priority. In the meantime, holders of UK rights who trade directly or indirectly in the EEA will need to be mindful of the impact of parallel imports into the UK on their businesses.
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel imports for UK and EU right-holders. It remains to be seen how the principle of exhaustion of UK rights will develop in the hands of the UK government and the courts but Grace Tsai and Jixuan Si take a look at how the situation could play out in this post on the Wolters Kluwer Trade Mark blog.
Trademarks / Brexit
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