The Patents (Isle of Man) (Amendment) Order 2016

Statutory Instruments

2016 No. 559

Patents

The Patents (Isle of Man) (Amendment) Order 2016

Made

4th May 2016

Laid before Parliament

11th May 2016

Coming into force

1st June 2016

At the Court at Buckingham Palace, the 4th day of May 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 124(3) and 132(2) of the Patents Act 1977(1), is pleased, by and with the advice of Her Privy Council, to make the following Order:

Citation and commencement

1.  This Order may be cited as the Patents (Isle of Man) (Amendment) Order 2016 and shall come into force on 1st June 2016.

Amendment of Patents (Isle of Man) Order 2013

2.  The Schedule to the Patents (Isle of Man) Order 2013(2) is amended in accordance with the Schedule to this Order.

Ceri King

Deputy Clerk of the Privy Council

Article 2

SCHEDULE Amendments of Schedule to Patents (Isle of Man) Order 2013

1.  After paragraph 24 insert―

“24A.   In section 92(5) (obtaining evidence for proceedings under the European Patent Convention), for “Perjury Act 1911(3)” substitute “Perjury Act 1952 (an Act of Tynwald(4))” and omit “and Article 3(4) of the Perjury (Northern Ireland) Order 1979(5)”. ”.

2.  Omit paragraph 30.

3.  In paragraph 34, in the inserted section 128B(2)(a), for “Council Regulation (EEC) No 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products(6)” substitute “Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6th May 2009 concerning the supplementary protection certificate for medicinal products(7)”.

4.  In paragraph 37, in the inserted Schedule 4A―

(a) in paragraph 7(a), for “Council Regulation (EEC) No 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products” substitute “Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6th May 2009 concerning the supplementary protection certificate for medicinal products”;

(b) after paragraph 7 insert—

“Transitional provision

8.— (1) A reference (express or implied) in this Act to the Medicinal Products Regulation, or a provision of it, is to be read as being or (subject to context) including a reference to the old Regulation, or the corresponding provision of the old Regulation, in relation to times, circumstances or purposes in relation to which the old Regulation, or that provision, had effect.

(2) Other than in relation to times, circumstances or purposes referred to in sub-paragraph (1), anything done, or having effect as if done, under (or for the purposes of or in reliance on) the old Regulation or a provision of the old Regulation and in force or effective immediately before 1st June 2016 (the day on which the Patents (Isle of Man) (Amendment) Order 2016 came into force) has effect on or after that date for the purposes of this Act as if done under (or for the purpose of or in reliance on) the Medicinal Products Regulation or the corresponding provision of it.

(3) In this paragraph “the old Regulation” means Council Regulation (EEC) No 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products.”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Patents (Isle of Man) Order 2013 to make further modifications to the Patents Act 1977 in its application to the Isle of Man.

Paragraph 1 of the Schedule to the Order refers to the relevant Act of Tynwald on perjury which applies in the Isle of Man instead of the Perjury Act 1911 which applies in England and the Perjury (Northern Ireland) Order 1979 which applies in Northern Ireland.

The other amendments in this Order correspond to the amendments made to the Act (as it has effect in the United Kingdom) by the Copyright (Public Administration) Regulations 2014 (S.I. 2014/1385) and the Patents (Supplementary Protection Certificates) Regulations 2014 (S.I. 2014/2411).

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.

(1)

1977 c.37.

(2)

S.I. 2013/2602.

(3)

1911 c.6 (1 and 2 Geo 5).

(4)

1952 c.8 (Isle of Man).

(5)

S.I. 1979/1714 (N.I. 19).

(6)

OJ No L182, 2.7.1992, p.1.

(7)

OJ No L152, 16.6.2009, p.1.