This statutory instrument corrects errors in the Intellectual Property Act 2014 and is being issued free of charge to all known recipients of that Act.

2014 No. 2329

Intellectual Property

The Intellectual Property Act 2014 (Amendment) Regulations 2014

Made

Laid before Parliament

Coming into force

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to intellectual property (including both registered and unregistered rights).

The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

Citation and commencement1

These Regulations may be cited as the Intellectual Property Act 2014 (Amendment) Regulations 2014 and come into force on 29th September 2014.

Interpretation2

In these Regulations “the Act” means the Intellectual Property Act 20143.

Amendment to section 13 of the Act: new section 35ZD (forfeiture in Scotland)3

1

In section 13 of the Act (which inserts new sections 35ZA to 35ZD into the Registered Designs Act 19494 in subsection (4) of section 35ZD of the Registered Designs Act 1949 (cases where court may infer offence has been committed) after “articles” insert “if it is satisfied that such an offence has been committed in relation to products or articles”.

2

In subsection (5) of section 35ZD of the Registered Designs Act 1949 (duty of procurator fiscal to give notice of application for forfeiture to owner etc of products or articles) for “an application under this section relates is entitled” substitute “the application relates a copy of the application, together with a notice giving the person the opportunity”.

Baroness Neville-RolfeParliamentary Under Secretary of State for Business, Innovation and SkillsDepartment for Business, Innovation and Skills
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 13 of the Intellectual Property Act 2014 (“the Act”), which inserts new sections 35ZA to 35ZD into the Registered Designs Act 1949 (“RDA”). Section 13 of the Act makes the intentional copying of a UK or EU registered design in the course of business a criminal offence (new section 35ZA of the RDA). New section 35ZC of the RDA relates to forfeiture powers in England, Wales and Northern Ireland; whilst new section 35ZD deals with forfeiture powers in Scotland. The amendments relating to new section 35ZD correct errors in the wording of the Act.

The provision of criminal sanctions relates to the general obligation at Article 3(1) of the Intellectual Property Enforcement Directive 2004/48/EC for Member States to provide for the effective enforcement of intellectual property rights.

An impact assessment has not been produced for this instrument as it has a negligible effect on business.