Amendments to the Patents (Amendment) (EU Exit) Regulations 2019

2.—(1) Part 6 of the Patents (Amendment) (EU Exit) Regulations 2019(1) (supplementary protection certificates for plant protection products – amendments to Regulation (EC) No 1610/96) is amended as follows.

(2) In the following paragraphs, a reference to an Article or a paragraph is to that of Regulation (EC) 1610/96(2) and a reference to a regulation is to a regulation of the Patents (Amendment) (EU Exit) Regulations 2019.

(3) In Article 1 (definitions), as amended by regulation 20(3), omit paragraph 15.

(4) In Article 2(b) (scope), as inserted by regulation 22, for “UK”, substitute “GB or NI”.

(5) In Article 3(1) (conditions for obtaining a certificate), as amended by regulation 23—

(a) in sub-paragraph (b), for “UK”, substitute “GB or NI”;

(b) in sub-paragraph (d)—

(i) omit “UK”;

(ii) insert at the end “in the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be”.

(6) In Article 8 (content of the application for a certificate), as amended by regulation 24(2)—

(a) in paragraph 1(a)(iv)—

(i) for “UK authorization”, substitute “GB or NI authorisation or both GB and NI authorisations”;

(ii) after “3(1)(b)”, insert “and (d)”;

(b) in paragraph (1)(a)(v)—

(i) for “UK”, substitute “GB or NI”;

(ii) after “authorization”, in the second place it occurs, insert “as referred to in Article 3(1)(b) and (d)”.

(7) In Article 8, as amended by regulation 24(3)—

(a) in paragraph (b)—

(i) for “UK authorization”, substitute “GB or NI authorisation or both GB and NI authorisations”;

(ii) after “3(1)(b)”, insert “and (d)”;

(b) in paragraph (c)—

(i) for “UK”, substitute “GB or NI ”;

(ii) after “3(1)(b)”, insert “and (d)”.

(8) In Article 9 (lodging of an application for a certificate), as amended by regulation 25(4)—

(a) for paragraph 2(d), substitute—

“(d) the number and date of the GB or NI authorisation or both a GB and a NI authorisation provided under Article 8(1)(b), the product identified in the authorisation and the territory in respect of which the authorisation has been granted or has effect as if granted”;

(b) in paragraph (e), for “the UK authorisation”, substitute “any GB or NI authorisation provided under Article 8(1)(b)”.

(9) In Article 10 (grant of the certificate or rejection of the application), as amended by regulation 26, omit paragraph 6.

(10) In regulation 27(3), omit sub-paragraph (a) of that regulation.

(11) In Article 11(1)(e), as amended by regulation 27(3), for “the UK authorization”, substitute “any authorisation provided under Article 8(1)(b)”.

(12) In Article 14(1) (expiry of the certificate), as amended by regulation 30—

(a) at the end of paragraph (c), insert “or”;

(b) in paragraph (d), for “the appropriate authorization or” substitute “all”.

(13) In regulation 30, omit paragraph 4 of that regulation.

(1)

S.I. 2019/801, as amended by S.I. 2020/1050.

(2)

EUR 1996/1610, as amended by S.I. 2019/801 and S.I. 2020/1050. This is a reference to the retained version of Regulation (EC) 1610/96. That retained version is online at http://www.legislation.gov.uk/eur/1996/1610/contents Back [2]