Made | 26th April 2006 | ||
Laid before Parliament | 3rd May 2006 | ||
Coming into force | 1st October 2006 |
are to be delivered to him.
(2) A direction under subsection (1) may provide that in order for a document to be delivered in compliance with the direction it shall be accompanied by one or more additional documents specified in the direction.
(3) Subject to subsections (11) and (12), if a document to which a direction under subsection (1) or (2) applies is delivered to the registrar in a form or manner which does not comply with the direction the registrar may treat the document as not having been delivered.
(4) Subsection (5) applies in relation to a case where—
(5) The registrar may give directions specifying—
(6) The registrar may give directions specifying that a person who delivers a document to the registrar in electronic form or using electronic communications cannot treat the document as having been delivered unless its delivery has been acknowledged.
(7) The registrar may give directions specifying how a time of delivery is to be accorded to a document delivered to him in electronic form or using electronic communications.
(8) A direction under this section may be given—
(9) A direction under this section may be varied or revoked by a subsequent direction under this section.
(10) The delivery using electronic communications to any person by the registrar of any document is deemed to be effected, unless the registrar has otherwise specified, by transmitting an electronic communication containing the document to an address provided or made available to the registrar by that person as an address of his for the receipt of electronic communications; and unless the contrary is proved such delivery is deemed to be effected immediately upon the transmission of the communication.
(11) A requirement of this Act that something must be done in the prescribed manner is satisfied in the case of something that is done—
only if the directions under this section that apply to the manner in which it is done are complied with.
(12) In the case of an application made as mentioned in subsection (11)(a) or (b) above, a reference in this Act to the application not having been made in accordance with rules under this Act includes a reference to its not having been made in accordance with any applicable directions under this section.
(13) This section applies—
Insertion of new definition
3.
In section 44(1) of the Registered Designs Act 1949 (interpretation), at the appropriate place, there shall be inserted—
Amendment of section 124A of the Patents Act 1977
4.
—(1) Section 124A of the Patents Act 1977[3] shall be amended as follows.
(2) In subsection (1) for the word "make" there shall be substituted "give".
(3) In subsection (3), for the words from the beginning to "(1)" there shall be substituted "Subject to subsections (14) and (15), if a document to which a direction under subsection (1) or (2)".
(4) In subsection (5)—
(5) In subsection (6) for the word "make" there shall be substituted "give".
(6) In subsection (7) for the word "make" there shall be substituted "give".
(7) Subsections (9), (10) and (12) shall be omitted.
(8) For subsections (13) to (15) there shall be substituted—
only if the directions under this section that apply to the manner in which it is done are complied with.
(15) In the case of an application made as mentioned in subsection (14)(a) or (b) above, a reference in this Act to the application not having been made in compliance with rules or requirements of this Act includes a reference to its not having been made in compliance with any applicable directions under this section.
(16) This section applies—
Sainsbury of Turville
Parliamentary Under Secretary of State for Science and Innovation Department of Trade and Industry
26th April 2006
Article 3 provides that "electronic communication" in the 1949 Act is to have the same meaning as in the Electronic Communications Act 2000 (c. 7).
Article 4 makes amendments to section 124A of the 1977 Act. This section was inserted into the 1977 Act by the Patents Act 1977 (Electronic Communications) Order 2003 (SI 2003/512). The amendments made to that provision are intended to bring it into line with section 37A, which is inserted into the 1949 Act by this Order.
A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Trade Marks and Designs Directorate, The Patent Office, Concept Office, Cardiff Road, Newport, NP10 8QQ.
[2] 1949 c. 88, to which there are amendments not relevant to these Regulations.back
[3] 1977 c. 37, section 124A was inserted by SI 2003/512; there are other amendments but none is relevant.back