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The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021
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- UK Statutory Instruments
- 2021 No. 355
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c), (d) and (e) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the UK from the European Union.
The Agreement on the Unified Patent Court (Cm 8653) and the Protocol on Privileges and Immunities of the Unified Patent Court (Cm 9405) have not yet come into force. The UK withdrew its ratification of the Agreement on the Unified Patent Court and the Protocol on Privileges and Immunities on 20 July 2020. Regulation (EU) No 1257/2012 implementing enhanced cooperation in the area of the creation of unitary protection (OJ L361, 31.12.2012, p.1)) does not form part of retained EU law.
These Regulations repeal and revoke provisions in enactments relating to the European patent with unitary effect and the Unified Patent Court. Section 124(3) of the Patents Act 1977, which extends to the Isle of Man under section 132(2), is used to repeal the Patents (Isle of Man) Order 2017.
These Regulations are supplemented by the International Organisations (Immunities and Privileges) (Scotland) Revocation Order 2021 (S.S.I. 2021/69).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An explanatory memorandum is available alongside this instrument on the Legislation UK website at www.legislation.gov.uk.
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