# Intellectual Property Act 2014

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U.K.

# Intellectual Property Act 2014

# 2014 CHAPTER 18

An Act to make provision about intellectual property.

[14th May 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **Part 1**U.K.Design

### Unregistered design rightU.K.

#### 1Meaning of “design” and “original”U.K.

#### 2Ownership of designU.K.

#### 3Qualification criteriaU.K.

#### 4Infringement: exceptionsU.K.

### Registered Community designU.K.

#### 5Infringement: exceptionU.K.

### Registered designsU.K.

#### 6Ownership of design and application for registrationU.K.

#### 7Right of prior useU.K.

#### 8Accession to the Hague AgreementU.K.

#### 9The register: changes of ownership and inspection of documentsU.K.

#### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 11Opinions serviceU.K.

#### 12Use of directions by the registrarU.K.

#### 13Offence of unauthorised copying etc. of design in course of businessU.K.

#### 14Offences committed by partnershipsU.K.

## **Part 2**U.K.Patents

### 15Infringement: marking product with internet linkU.K.

### 16Opinions serviceU.K.

### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 18Sharing information with overseas patent officesU.K.

### 19Minor amendments to the Patents Act 1977U.K.

## **Part 3**U.K.Miscellaneous

### 20Freedom of information: exemption for researchU.K.

### 21Reporting dutyU.K.

### 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **Part 4**U.K.General

### 23Power to make consequential or transitional provision etc.U.K.

(1)The Secretary of State may by order made by statutory instrument—                  

(a)make provision in consequence of a provision of this Act;                  

(b)make transitional, transitory or saving provision in connection with the commencement of a provision of this Act or of provision                        made under paragraph (a).                  

(2)An order under this section may amend, repeal, revoke or otherwise modify an enactment.                  

(3)The power conferred by this section is not restricted by any other provision of this Act.                  

(4)In this section, “enactment” includes—                  

(a)an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and                  

(b)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National                        Assembly for Wales or Northern Ireland legislation,                  

and references to an enactment include a reference to an enactment passed or made after the passing of this Act.

(5)A statutory instrument which contains an order under this section containing (whether alone or with other provision) provision                        that amends or repeals a provision of an Act of Parliament may not be made unless a draft of the instrument has been laid                        before, and approved by a resolution of, each House of Parliament.                  

(6)Subject to that, a statutory instrument which contains an order under this section containing (whether alone or with other                        provision) provision under subsection (1)(a) is subject to annulment in pursuance of a resolution of either House of Parliament.                  

### 24Commencement, extent and short titleU.K.

(1)The preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory                        instrument appoint.                  

(2)An order under this section may appoint different days for different purposes.                  

(3)An amendment or repeal made by this Act has the same extent as the enactment being amended or repealed.                  

(4)Section 21 extends to England and Wales, Scotland and Northern Ireland.                  

(5)Section 23 extends to England and Wales, Scotland, Northern Ireland and the Isle of Man.                  

(6)This Act may be cited as the Intellectual Property Act 2014.                  

 Section 19

## SCHEDULEU.K.Minor amendments to the Patents Act 1977

### Patent applications in or for WTO membersU.K.

1(1)In section 5 of the Patents Act 1977 (priority date), in subsection (5), after paragraph (a) insert—U.K.

“(aa)an application in or for a country (other than the United Kingdom) which is a member of the World Trade Organisation for protection                           in respect of an invention which, in accordance with the law of that country or a treaty or international obligation to which                           it is a party, is equivalent to an application for a patent under this Act;”.                  

(2)In that subsection, for “such an application” substitute “ an application for a patent under this Act ”.

(3)In that section, omit subsection (6).

### Assertion of third party rights where application terminatedU.K.

2U.K.In section 20B of that Act (effect of reinstatement of patent application), after subsection (4) insert—

“(4A)The right conferred by subsection (4) does not become exercisable until the end of the period during which a request may be                           made under this Act, or under the rules, for an extension of the period referred to in section 20A(1).”                  

### Adjustment of certain time periods to anniversary date modelU.K.

3(1)In each of the following provisions of that Act, for “the end of the period of two years beginning with” substitute “ the second anniversary of ”U.K.

(a)section 37(5) and (9) (determination of right to patent after grant), and

(b)section 72(2)(b) (application to revoke patent).

(2)In section 74(4)(b) of that Act (proceedings where validity of patent may be in issue), for “before the end of the period                        of two years beginning with” substitute “ on or before the second anniversary of ”.

### References to “counsel”U.K.

4(1)In section 52(4) of that Act (appeals), for “such other counsel” substitute “ such other person who has a right of audience ”.U.K.

(2)In section 58(2) of that Act (disputes as to Crown use), for “counsel for the other party” substitute “ the other party's legal representative ”.

### Correction of typographical errorU.K.

5U.K.In section 60(7) of that Act (meaning of infringement: interpretation), in the definition of “Directive 2001/82/EC”, for “Directive 2004/28” substitute “ Directive 2004/28/EC ”.

### European patent (UK): payment of renewal fee following restorationU.K.

6U.K.In section 77 of that Act (European patents (UK)), after subsection (5) insert—

“(5A)Where, under the European Patent Convention, a European patent (UK) is revoked and subsequently restored (including where                           it is revoked by the Board of Appeal and subsequently restored by the Enlarged Board of Appeal), any fee that would have been                           imposed in relation to the patent after the revocation but before the restoration is payable within the prescribed period                           following the restoration.”