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Article 14 Expiry of the certificate

United Kingdom

Original text. Later amendments are not shown.

F1(1.)

The certificate shall lapse:

  1. (a)

    at the end of the period provided for in Article 13;

  2. (b)

    if the certificate holder surrenders it;

  3. (c)

    F2if the prescribed annual fee is not paid in time; or

  4. (d)

    if and as long as the product covered by the certificate may no longer be placed on the market following the withdrawal of all UK, GB and NI authorisations to place on the market. The comptroller may decide on the lapse of the certificate either of the comptroller's own motion or at the request of a third party.

F3(2.)

Where a UK authorisation is withdrawn and replaced simultaneously with a GB authorisation and a NI authorisation, the certificate granted in respect of the UK authorisation shall not lapse.

(3.)

Where a UK, GB or NI authorisation is withdrawn, but one or more such authorisations remain valid, the protection conferred by the certificate shall, as from the date of withdrawal, no longer extend to the territory covered by the authorisation withdrawn but shall continue in respect of the territory covered by any remaining authorisation.

Annotations

Textual amendments

F1

Art. 14 renumbered as Art. 14(1) (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 61(2) (as amended by S.I. 2020/1471, regs. 1(2), 3(11)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 14(1)(c)(d) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 61(3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 14(2)(3) inserted (31.12.2020) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), reg. 1(2), Sch. para. 20 (with reg. 7)