The Patents (Amendment) (EU Exit) Regulations 2019
PART 1INTRODUCTORY
1These Regulations may be cited as the Patents (Amendment) (EU...
PART 2AMENDMENTS TO THE PATENTS ACT 1977
2The Patents Act 1977 is amended follows.
3In section 128A (EU compulsory licences)— (a) in the heading...
4In paragraph 1 of Schedule A1 (derogation from patent protection...
PART 3AMENDMENT TO THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
5(1) Section 281 (power of comptroller to refuse to deal...
PART 4AMENDMENTS TO THE PATENTS AND PLANT VARIETY RIGHTS (COMPULSORY LICENSING) REGULATIONS 2002
6The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002...
7(1) Regulation 2 (interpretation) is amended as follows.
8(1) Regulations 3 (applications) and 6 (grant) are amended as...
9In regulation 7 (conditions), omit paragraphs (4) and (5).
10Omit regulation 15 (Community plant variety rights.).
11In regulation 16 (variation and revocation), omit paragraphs (4) to...
12In regulation 17, for paragraph (2), substitute—
13(1) Regulation 20 (extension of powers to make rules and...
14(1) Regulation 22 (application of existing rules and regulations) is...
15In regulation 24, omit “or 15(1)”.
16(1) Regulation 26 (application of 1977 and 1997 Acts) is...
17Transitional provision
PART 5AMENDMENTS TO THE PATENTS RULES 2007
18(1) The Patents Rules 2007 are amended as follows.
PART 6SUPPLEMENTARY PROTECTION CERTIFICATES FOR PLANT PROTECTION PRODUCTS – AMENDMENTS TO REGULATION (EC) No 1610/96
19Regulation (EC) No 1610/96 of the European Parliament and of...
20(1) Article 1 (definitions) is amended as follows.
21After Article 1, insert— Article 1A Meaning of court In this Regulation, ‘court’ is to be interpreted in accordance...
22For Article 2, substitute— Article 2 Scope A plant protection...
23For Article 3(1), substitute— Where an application is submitted under Article 7, a certificate...
24(1) Article 8 (contents of the application for a certificate)...
25(1) Article 9 (lodging of an application for a certificate)...
26(1) Article 10 (grant of the certificate or rejection of...
27(1) Article 11 (publication) is amended as follows.
28Omit Article 12 (annual fees).
29In paragraph 1 of Article 13 (duration of the certificate),...
30(1) Article 14 (expiry of the certificate) is amended as...
31In paragraph (2) of Article 15 (invalidity of certificate), for...
32In Article 16 (notification of lapse or invalidity), for “the...
33In Article 17 (appeals), omit paragraph 1.
34In Article 18 (procedure), for paragraph 1 substitute— In the absence of procedural provisions in this Regulation, the...
35Omit Articles 19 and 20 (transitional provisions).
36After Article 21 (entry into force), omit “This Regulation shall...
PART 7COMPULSORY LICENSING OF PHARMACEUTICAL PATENTS - AMENDMENTS TO REGULATION (EC) NO 816/2006
37Regulation (EC) No 816/2006 of the European Parliament and of...
38(1) Article 1 (scope) is amended as follows.
39(1) Article 2 (definitions) is amended as follows.
40In Article 4 (eligible importing countries), for “Commission”, substitute “...
41(1) Article 5 (extension to least-developed and developing countries which...
42(1) Article 6 (application for a compulsory licence) is amended...
43In Article 8 (verification), for “Commission”, wherever it occurs, substitute...
44(1) Article 10 (compulsory licence conditions) is amended as follows....
45(1) Article 12 (notification) is amended as follows.
46In Article 13 (prohibition of importation), in paragraph 1, for...
47(1) Article 14 (action by customs authorities) is amended as...
48(1) Article 16 (termination or review of the licence) is...
49Omit Articles 17 to 19. (appeals, safety and efficacy of...
50After Article 20 (entry into force), omit “This Regulation shall...
PART 8SUPPLEMENTARY PROTECTION CERTIFICATES FOR MEDICINAL PRODUCTS – AMENDMENTS TO REGULATION (EC) No 469/2009
51Regulation (EC) No 469/2009 of the European Parliament and of...
52(1) Article 1 (interpretation) is amended as follows.
53After Article 1(interpretation), insert— Article 1A Meaning of ‘court’ In this Regulation the expression ‘court’ is to be interpreted...
54For Articles 2 (scope) and 3 (conditions for obtaining a...
55(1) Article 8 (content of application for a certificate) is...
56(1) Article 9 (lodging of an application for a certificate)...
57(1) Article 10 (grant of the certificate or rejection of...
58(1) Article 11 (publication) is amended as follows.
59Omit Article 12 (annual fees).
60(1) Article 13 (duration of the certificate) is amended as...
61(1) Article 14 (expiry of the certificate) is amended as...
62In paragraph 2 of Article 15 (invalidity of the certificate),...
63(1) Article 16 (revocation of an extension of the duration)...
64For references in Article 17 (notification of lapse or invalidity)...
65Omit Article 18 (appeals).
66For paragraph 1 of Article 19 (procedure), substitute— In the absence of procedural provisions in this Regulation, the...
67Omit Articles 20 (enlargement of the Community) and 21 (transitional...
68After Article 23 (entry into force), omit “This Regulation shall...
69Transitional provision

2019 No. 801

Exiting The European Union
Patents

The Patents (Amendment) (EU Exit) Regulations 2019

Made

Coming into force in accordance with regulation 1

A draft of these Regulations has been approved by resolutions of both Houses of Parliament pursuant to paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 M1.

The Secretary of State, in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018, makes the following Regulations:

Annotations:
Marginal Citations