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

• Citation: S.I. 2016/559
• Sections: 6

Section 1 Citation and commencement

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

Section 2 Amendment of Patents (Isle of Man) Order 2013

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

Section 1

After paragraph 24 insert―

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

Section 2

Omit paragraph 30.

Section 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 ” 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 ”.

Section 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.