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Intellectual Property Act 2014

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This is the original version (as it was originally enacted).

17Unified Patent Court

Explanatory NotesShow EN

Before section 89 of the Patents Act 1977 (and before the preceding cross-heading) insert—

“Unified Patent Court

88AImplementation of Agreement on a Unified Patent Court

(1)The Secretary of State may by order make provision for giving effect in the United Kingdom to the provisions of the Agreement on a Unified Patent Court made in Brussels on 19 February 2013.

(2)An order under this section may, in particular, make provision—

(a)to confer jurisdiction on a court, remove jurisdiction from a court or vary the jurisdiction of a court;

(b)to require the payment of fees.

(3)An order under this section may also make provision for varying the application of specified provisions of this Act so that they correspond to provision made by the Agreement.

(4)An order under this section may—

(a)make provision which applies generally or in relation only to specified cases;

(b)make different provision for different cases.

(5)An order under this section may amend this Act or any other enactment.

(6)An order under this section may not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.

(7)The meaning of “court” in this section is not limited by the definition of that expression in section 130(1).

88BDesignation as international organisation of which UK is member

The Unified Patent Court is to be treated for the purposes of section 1 of the International Organisations Act 1968 (organisations of which the United Kingdom is a member) as an organisation to which that section applies.”

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