OpenLegislation

Regulation 23 I1

United Kingdom

For Article 3(1), substitute—

“

1

Where an application is submitted under Article 7, a certificate shall be granted if at the date of submission of the application—

(a)

the product is protected by a basic patent in force;

(b)

there is a valid F1GB or NI authorization to place the product on the market;

(c)

the product has not already been the subject of a certificate;

(d)

the authorization referred to in (b) is the first F2... authorization to place the product on the market as a plant protection product F3in the territory of England and Wales and Scotland or the territory of Northern Ireland as the case may be.”.

Annotations

Textual amendments

F1

Words in reg. 23 substituted (31.12.2020 immediately before IP completion day) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), regs. 1(2), 2(5)(a) (with reg. 7)

F2

Word in reg. 23 omitted (31.12.2020 immediately before IP completion day) by virtue of The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), regs. 1(2), 2(5)(b)(i) (with reg. 7)

F3

Words in reg. 23 inserted (31.12.2020 immediately before IP completion day) by The Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1471), regs. 1(2), 2(5)(b)(ii) (with reg. 7)

Commencement

I1

Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1