The Patents (Isle of Man) (Amendment) (EU Exit) Order 2019

Amendments to the Schedule to the Patents (Isle of Man) Order 2013

2.—(1) The Schedule to the Patents (Isle of Man) Order 2013(1) is amended as follows.

(2) Before paragraph 31, insert—

“30A.   In section 124, after subsection (3) insert—

“(4) Any amendments made by regulations under the European Union (Withdrawal) Act 2018(2) to rules, regulations or orders under this Act, whether made before or after this provision comes into force, extend to the Isle of Man, subject to any modifications contained in an Order made by Her Majesty in Council under section 132(2).”.”.

(3) In paragraph 34, in the inserted section 128A (EU compulsory licences)—

(a) in the heading, for “EU compulsory”, substitute “Compulsory pharmaceutical”;

(b) in subsection (1), for “an “EU compulsory licence””, substitute “a “compulsory pharmaceutical licence””;

(c) in subsection (2)—

(i) for “EU compulsory”, substitute “compulsory pharmaceutical”;

(ii) for “an EU compulsory”, substitute “a compulsory pharmaceutical”; and

(d) in subsection (5), for “an EU compulsory”, substitute “a compulsory pharmaceutical”.

(4) In paragraph 36, in paragraph 1 of the inserted Schedule A1 (derogation from patent protection in respect of biotechnological inventions), in the definition of “the Council Regulation”, at the end, insert, “as it had effect immediately before exit day”.

(1)

S.I. 2013/2602, amended by S.I. 2016/559. Amendments by S.I. 2017/162 not in force.

(2)

2018 c.16.