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The Patents, Trade Marks and Designs (Address for Service) Rules 2009

S.I. 2009/546 · Made 4 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Intellectual Property

Made 4th March 2009

Laid before Parliament 13th March 2009

Coming into force 6th April 2009

The Secretary of State makes the following Rules in exercise of the powers conferred by section 250 of the Copyright, Designs and Patents Act 1988f1, section 36 of the Registered Designs Act 1949f2, section 123 of the Patents Act 1977f3 and section 78 of the Trade Marks Act 1994f4.

In accordance with section 8 of the Tribunals and Inquiries Act 1992f5, the Secretary of State has consulted the Administrative Justice and Tribunals Council before making these Rules.

Annotations to the whole text

Footnotes

f1

1988 c. 48.

f2

1949 c.88; section 36 was amended by paragraph 26 of Schedule 3 to the Copyright, Designs and Patents Act 1988; there are other amendments but none are relevant.

f3

1977 c.37.

f4

1994 c. 26.

f5

1992 c.53; the definition of “Council” was amended by the Tribunals, Courts and Enforcement Act 2007 (c.15), Schedule 8, paragraph 30.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Design Right (Proceedings before Comptroller) Rules 1989
  3. 3Amendment of the Design Right (Proceedings before Comptroller) Rules 1989
  4. 4Amendment of the Design Right (Proceedings before Comptroller) Rules 1989
  5. 5Amendment of the Registered Designs Rules 2006
  6. 6Amendment of the Registered Designs Rules 2006
  7. 7Amendment of the Registered Designs Rules 2006
  8. 8Amendment of the Patents Rules 2007
  9. 9Amendment of the Patents Rules 2007
  10. 10Amendment of the Patents Rules 2007
  11. 11Amendment of the Trade Marks Rules 2008
  12. 12Amendment of the Trade Marks Rules 2008
  13. 13Amendment of the Trade Marks Rules 2008
  14. Signature
  15. Explanatory note

1Citation and commencement

These Rules may be cited as the Patents, Trade Marks and Designs (Address for Service) Rules 2009 and come into force on 6th April 2009.

2Amendment of the Design Right (Proceedings before Comptroller) Rules 1989

The Design Right (Proceedings before Comptroller) Rules 1989f1 are amended as follows.

3Amendment of the Design Right (Proceedings before Comptroller) Rules 1989

In rule 23 (service and translation of documents) delete paragraph (1A) and substitute—

“(1A)

The address for service shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

4Amendment of the Design Right (Proceedings before Comptroller) Rules 1989

In Schedule 1 (Forms) for the words “Please give an address for service in the United Kingdom”, in each place where they appear, substitute “Please give an address for service in the United Kingdom, another EEA state or the Channel Islands”.

5Amendment of the Registered Designs Rules 2006

The Registered Designs Rules 2006f1 are amended as follows.

6Amendment of the Registered Designs Rules 2006

In rule 42 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)

An address for service furnished under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

7Amendment of the Registered Designs Rules 2006

In rule 43(5) (failure to furnish an address for service) omit the words “or (5)”.

8Amendment of the Patents Rules 2007

The Patents Rules 2007f1 are amended as follows.

9Amendment of the Patents Rules 2007

In rule 103 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)

An address for service furnished under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

10Amendment of the Patents Rules 2007

In rule 104(5) (failure to furnish an address for service) omit the words “or (5)”.

11Amendment of the Trade Marks Rules 2008

The Trade Marks Rules 2008f1 are amended as follows.

12Amendment of the Trade Marks Rules 2008

In rule 11 (address for service) delete paragraphs (4) and (5) and substitute—

“(4)

An address for service filed under this Rule shall be an address in the United Kingdom, another EEA state or the Channel Islands.”.

13Amendment of the Trade Marks Rules 2008

In rule 12(5) (failure to provide an address for service) omit the words “or (5)”.

Signature

David Lammy

Minister of State for Higher Education and Intellectual Property

Department for Innovation, Universities and Skills

4th March 2009

Explanatory note

(This note is not part of the Rules)

These Rules amend the Design Right (Proceedings before Comptroller) Rules 1989 (SI 1989/1130, as amended), the Registered Designs Rules 2006 (SI 2006/1975, as amended), the Patents Rules 2007 (SI 2007/3291) and the Trade Marks Rules 2008 (SI 2008/1797, as amended).

The requirement in each of those Rules to provide an address for service in the United Kingdom during any proceedings before the comptroller or registrar is liberalised to allow for an address for service in the United Kingdom another EEA state (as defined in Schedule 1 to the Interpretation Act 1978) or the Channel Islands.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Intellectual Property Office, International Policy Directorate, Concept House, Cardiff Road, Newport NP10 8QQ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Copies have also been placed in the libraries of both houses of Parliament.