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The Trade Marks (Isle of Man) (Amendment) Order 2018

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EXPLANATORY NOTE

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This Order amends the Trade Mark (Isle of Man) Order 2013 (S.I. 2013/2601) to make further modifications to the Trade Marks Act 1994 (c.26) (“the 1994 Act”) in its application to the Isle of Man.

The amendments in this Order to the 1994 Act correspond to amendments made to the Act (as it has effect in the United Kingdom) by the Tribunals, Courts and Enforcement Act 2007 (c.15), the Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), the European Union Trade Mark Regulations 2016 (S.I. 2016/299) and the Trade Marks Regulations 2018 (S.I. 2018/825). It also amends the 1994 Act to reflect the operation of the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678).

This Order also modifies the Intellectual Property (Unjustified Threats) Act 2017 (c.14) (“the 2017 Act”) as it extends to the Isle of Man. The modification omits the extension to the Isle of Man of section 2(3) of the 2017 Act as that provision amends section 52 of the 1994 Act which was omitted from the 1994 Act as it applies to the Isle of Man by S.I. 2013/2601.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors in the United Kingdom is foreseen.

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