OpenLegislation

Regulation 52 I1

United Kingdom

(1)

Article 1 (interpretation) is amended as follows.

(2)

In paragraph (e) for “Article 36 of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use”, substitute “ regulation 58A(3) of the Human Medicines Regulations 2012 M1 ”.

(3)

After paragraph (e) insert—

“(f)

‘comptroller’ means the Comptroller-General of Patents, Designs and Trade Marks;

F1(g)

‘court’ means—

(i)

as respects England and Wales, the High Court;

(ii)

as respects Scotland, the Court of Session;

(iii)

as respects Northern Ireland, the High Court in Northern Ireland;

(h)

“EEA authorisation” means an authorisation to place a medicinal product on the market which has effect in an EEA state in accordance with Directive 2001/83/EC or Directive 2001/82/EC;

(i)

‘patent’ means a patent which has effect in the United Kingdom;

(j)

‘UK authorisation’ means, in relation to a product, an authorisation to place that product on the market F2in the United Kingdom as a medicinal product granted F3or having effect as if granted in accordance with—

(i)

Part 5 of the Human Medicines Regulations 2012; or

(ii)

regulation 4(3) of, and Schedule 1 to, the Veterinary Medicines Regulations 2013 M2.”.

Annotations

Textual amendments

F1

Words in reg. 52(3) substituted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 34(a)

F2

Words in reg. 52(3) 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), 3(3) (with reg. 7)

F3

Words in reg. 52(3) inserted (31.12.2020 immediately before IP completion day) by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 34(b)

Marginal citations

M1

S.I. 2012/1916. Regulation 58A is inserted by S.I. 2019/775, reg. 64.

M2

S.I. 2013/2033.

Commencement

I1

Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1