The Patents Act 1977 (Isle of Man) (Variation)Order 1990

Statutory Instruments

1990 No. 2295

PATENTS

The Patents Act 1977 (Isle of Man) (Variation)Order 1990

Made

20th November 1990

Laid before Parliament

28th November 1990

Coming into force

7th January 1991

At the Court at Buckingham Palace, the 20th day of November 1990

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of sections 124(3) and 132(2) of the Patents Act 1977(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Patents Act 1977 (Isle of Man) (Variation) Order 1990 and shall come into force on 7th January 1991.

2.—(1) The Patents Act 1977 (Isle of Man) Order 1978(2) shall be varied in accordance with the following provisions of this article.

(2) After article 3 there shall be inserted the following article:

“4.   The Patents Act 1977 shall, in its extension to the Isle of Man, be construed —

(a) as if references to the Crown included the Crown in right of the Government of the Isle of Man;

(b) as if references to a Government department included references to a Department of the Government of the Isle of Man, and in relation to such a Department as if references to the Treasury were references to the Treasury of the Isle of Man, and

(c) for the purposes of any arbitration in pursuance thereof and of the application thereto of the Arbitration Act 1976 (an Act of Tynwald), as if it were an Act of Tynwald.”.

(3) In the Schedule —

(a) in paragraph 7, for the words from ““Companies Act 1948”” to the end there shall be substituted ““Companies Act 1985”(3) insert “or the corresponding enactments in force in the Isle of Man””;

(b) in paragraph 11(a), for the words ““Companies Act 1948” insert “or the Companies Act 1931 (Act of Tynwald)”” there shall be substituted ““Companies Act 1985” insert “or the corresponding enactments in force in the Isle of Man””, and

(c) in paragraph 12 there shall be added at the end the following provision:

“and after the definition of “employer” there shall be inserted the following definition:

““enactment” includes an Act of Tynwald”.”.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order varies the Patents Act 1977 (Isle of Man) Order 1978 by further modifying the Patents Act 1977, as amended, in its extension to the Isle of Man.

(1)

1977 c. 37, as amended by Schedule 5 to the Copyright, Designs and Patents Act 1988 (c. 48).

(2)

S.I. 1978/621.

(3)

1985 c. 6; the reference to the Act of 1985 was substituted by Schedule 2 to the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9).