The Patents and Marks (Convention and Relevant Countries) Order 1993

Statutory Instruments

1993 No. 1258

PATENTS

TRADE MARKS

The Patents and Marks (Convention and Relevant Countries) Order 1993

Made

12th May 1993

Laid before Parliament

24th May 1993

Coming into force

Articles 1, 2, 3(a) and (c) and 4

14th June 1993

Article 3(b)

1st July 1993

At the Court at Buckingham Palace, the 12th day of May 1993

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 39A(7) and (9) of the Trade Marks Act 1938(1) and section 90(1) of the Patents Act 1977(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Patents and Marks (Convention and Relevant Countries) Order 1993 and shall come into force as respects articles 1, 2, 3(a) and (c) and 4 on 14th June 1993 and as respects article 3(b) on 1st July 1993.

2.  Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine are convention countries for the purposes of section 5 of the Patents Act 1977.

3.  Schedule 1 to the Trade Marks and Service Marks (Relevant Countries) Order 1986 (“the 1986 Order”)(3) shall be amended by:

(a) inserting therein in proper alphabetical order the following countries: Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine; and

(b) omitting the reference to Czechoslovakia, and

(c) omitting the references to the German Democratic Republic (and Berlin (East)) and Germany, Federal Republic of (and Berlin (West)), and inserting therein in proper alphabetical order a reference to Germany.

4.  Schedule 2 to the 1986 Order shall be amended by omitting the reference to the Federal Republic of Germany (and Berlin (West)) and inserting therein in proper alphabetical order a reference to Germany.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Trade Marks and Service Marks (Relevant Countries) Order 1986 to take account of:

(i) the accessions of the countries of Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine as such to the International Convention for the Protection of Industrial Property (as revised at Stockholm in 1967) (Cmnd.4431); and

(ii) the unification of the German Democratic Republic into the Federal Republic of Germany.

This Order also declares Belarus, Croatia, the Czech Republic, Kazakhstan, the Slovak Republic, Slovenia, the Russian Federation and the Ukraine to be convention countries for the purposes of section 5 of the Patents Act 1977.

(1)

1938 c. 22; section 39A was added by the Patents, Designs and Marks Act 1986 (c. 39), Schedule 2, paragraph 5 and is applied to service marks by the Trade Marks (Amendment) Act 1984 (c. 19), section 1(2) and Schedule 1, paragraph 18c, as respectively substituted and inserted by the Patents, Designs and Marks Act 1986, section 2(1)(a) and Schedule 2, paragraph 11.

(2)

1977 c. 37.

(3)

S.I. 1986/1303, as amended by S.I.s 1986/1890, 1986/2236, 1987/170, 1988/1856, 1990/2593 and 1992/2672.