Following the decision made by the United Kingdom (UK) to leave the European Union (EU) on 31st January 2020, Discount-Licensing Ltd has been closely monitoring the negotiations between the UK Government and the EU.
The ‘transitional’ period is currently due to end on 31st December 2020 and whilst there is still uncertainty from the UK Government and the EU regarding the final ‘agreement’, please firstly note that any changes after 31st December 2020 will have no effect on previous pre-owned software transactions through our company with clients located within the EU or the UK:
“Intellectual property rights which were exhausted both in the Union (EU) and in the United Kingdom before the end of the transition period under the conditions provided for by Union law shall remain exhausted both in the Union (EU) and in the United Kingdom” : Article 61 of the “Transition Agreement” [Treaty Series No. 3 (2020) Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community].
Secondly, whilst we recognise that a number of business areas could be affected due to changes made after the transitional period ends, we have already implemented plans to ensure continuity of business within the EU and the UK in case of a worst-case scenario known as “Hard Brexit”; it will be business as usual for those based within the EU and the UK. Even with a worst-case “Hard Brexit” scenario, Discount-Licensing will be able to continue servicing its EU clients with an ‘intra’ EU model by facilitating transactions through one of our EU based offices; furthermore, the UK Government has already provided a ‘Technical Note’ stating that it will continue to recognise the ‘Exhaustion of Rights’ principle, whereby pre-owned software, that has was originally ‘put into use’ within the EU, can flow freely from the EU to the UK [see : current “no deal” guidance from the UK Government].
We will continue to adapt to whatever changes are made in order to eliminate any disruption to our EU and UK clients after the transitional period ends. It is our ongoing commitment to continue trading within the EU and the UK to the same high levels of service that our European clients have come to expect.
Should you have any questions, please telephone one of our colleagues on +44 (0)1283 511524 or email firstname.lastname@example.org.
Thank you for your continued support.
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