The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021

JurisdictionUK Non-devolved
CitationSI 2021/355

2021 No. 355

Intellectual Property

Patents

The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021

Made 17th March 2021

Laid before Parliament 19th March 2021

Coming into force 12th April 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181and section 124(3) of the Patents Act 19772.

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate procedure for these Regulations) have been satisfied.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021.

(2) These Regulations come into force on 12th April 2021.

(3) The repeals of the provisions of the Patents Act 1977 and the Intellectual Property Act 20143made by these Regulations come into force in accordance with paragraph (2) immediately after the other provisions of these Regulations come into force in accordance with paragraph (2).

(4) Any repeal or revocation made under these Regulations has the same extent as the provision repealed or revoked.

S-2 Repeals and revocations

Repeals and revocations

2. The enactments listed in the Schedule are repealed and revoked to the extent specified.

Amanda Solloway

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

17th March 2021

SCHEDULE

Regulation 2

Repeals and revocations

SCH-1.1

1. Repeals

The enactments listed in column 1 of the table are repealed to the extent specified in column 2.

Short Title

Extent of repeal

The Patents Act 19774

Sections 88A and 88B.

The Intellectual Property Act 20145

Section 17.

The Intellectual Property (Unjustified Threats) Act 20176

Section 1(3) and (8).

SCH-1.2

2. Revocations

The enactments listed in column 1 of the table are revoked to the extent specified in column 2.

Enactment

Extent of revocation

The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 20167

The whole Order.

The Patents (Amendment) Rules 20168

The whole Rules.

The Patents (Isle of Man) (Amendment) Order 20179

The whole Order.

The Intellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 201710

Regulation 2(2).

The Unified Patent Court (Immunities and Privileges) Order 201811

The whole Order.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c), (d) and (e) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the UK from the European Union.

The Agreement on the Unified Patent Court (Cm 8653) and the Protocol on Privileges and Immunities of the...

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