The Intellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/771

2017 No. 771 (C. 62)

Intellectual Property

The Intellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 2017

Made 14th July 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8 of the Intellectual Property (Unjustified Threats) Act 20171.

S-1 Citation and interpretation

Citation and interpretation

1.—(1) These Regulations may be cited as the Intellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 2017.

(2) In these Regulations—

the 1949 Act” means the Registered Designs Act 19492;

the 1977 Act” means the Patents Act 19773;

the 1988 Act” means the Copyright, Designs and Patents Act 19884;

the 1994 Act” means the Trade Marks Act 19945;

“the 2005 Regulations” means the Community Design Regulations 20056;

“the 2006 Regulations” means the Community Trade Mark Regulations 20067;

the 2017 Act” means the Intellectual Property (Unjustified Threats) Act 2017;

“the appointed day” means the day appointed by regulation 2(1).

S-2 Commencement of the 2017 Act

Commencement of the 2017 Act

2.—(1) 1st October 2017 is the day appointed for the coming into force of the following provisions of the 2017 Act—

(a)

(a) section 1(1), (2), (4), (5), (6) and (7);

(b)

(b) sections 2 to 6;

(c)

(c) section 7(4).

(2) Section 1(3) and (8) of the 2017 Act comes into force on the date of entry into force of the Agreement on a Unified Patent Court signed at Brussels on 19th February 20138.

S-3 Transitional provisions

Transitional provisions

3.—(1) The following transitional provisions have effect notwithstanding the amendments to the 1949 Act, the 1977 Act, the 1988 Act, the 1994 Act, the 2005 Regulations and the 2006 Regulations made by the provisions brought into force by Regulation 2.

(2) Where proceedings are brought under any of the following provisions in respect of an alleged threat made before the appointed day—

(a)

(a) section 70C of the 1977 Act;

(b)

(b) section 21C of the 1994 Act;

(c)

(c) regulation 6 of the 2006 Regulations;

(d)

(d) section 26C of the 1949 Act;

(e)

(e) section 253C of the 1988 Act; or

(f)

(f) regulation 2C of the 2005 Regulations,

the proceedings in respect of that alleged threat are to be determined in accordance with the law in force at the time the alleged threat was made.

Joseph Johnson

Minister of State for Universities, Science, Research and Innovation

Department for Business, Energy and Industrial Strategy

14th July 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the commencement regulations made under the Intellectual Property (Unjustified Threats) Act 2017 (c.14)(“the 2017 Act”).

Regulation 2(1) brings into force, on 1st October 2017, the provisions of the 2017 Act referred to below. Those which relate to the European patent with unitary effect (which are contained in section 1(3) and (8)) come into force on the date of entry into force of the Agreement on the Unified Patent Court (Regulation 2(2)).

The 2017 Act makes amendments to the law relating to unjustified threats to bring proceedings for infringements contained in the Registered Designs Act 1949, the Patents Act 1977, the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994, the Community Design Regulations 2005 and the Community Trade Mark Regulations 2006.

Section 1(1), (2), (4), (5), (6) and (7); sections 2 to 6 and section 7(4) are brought into force on 1st October 2017.

Regulation 3 contains a transitional provision relating to the changes made by the 2017 Act, so that they will only have effect in relation to an alleged threat of infringement proceedings which is made on or after 1st October 2017.


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