The Patents (Amendment) (EU Exit) Regulations 2019

Transitional provision U.K.

69.—(1) This regulation applies to—

(a) An application for an extension of the duration of a certificate, filed in accordance with Article 7 but not determined before [F1 IP completion day]; and

(b) An extension of the duration of a certificate granted—

(i) before [F1 IP completion day]; or

(ii) after [F1 IP completion day], pursuant to an application falling within sub-paragraph (a);

(2) Where this regulation applies, Articles 1(e), 8(1)(d), 13(3), and 16(1) of Regulation 469/2009 continue to apply without the amendments made by these Regulations.

(3) Where paragraph (1) applies—

(a) Article 8(1)(d)(ii) is to be read as if, for the words “all other Member States”, there were substituted “ all Member States ”;

(b) Articles 13(3) and 16(1) are to be read as if, for the words “all Member States” in Article 36(3) of Regulation 1901/2006, there were substituted “ the United Kingdom and all Member States ”.

Textual Amendments

F1 Words in reg. 69 substituted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 37

Commencement Information

I1 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1