World Intellectual Property Organization

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The Intellectual Property (Enforcement, etc.) Regulations 2006

Year of current version:2006
Date of Text (Issued):April 5, 2006
Type of Text:Implementing Rules/Regulations
Subject Matter:Enforcement of IP and Related Laws
Notes:
These Regulations make amendments to the Registered Designs Act 1949, the Patents Act 1977, the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994 in order to implement the Directive of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (2004/48/EC) ('the Enforcement Directive'); the Agreement establishing the World Trade Organisation (including the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Directive of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (98/71/EC), the Council Regulation of 12 December 2001 on Community designs (EC) Regulation No. 6of 2002 (OJ. L3, 5. 1. 2002 p.1) (“the Community Design Regulation”) and the European Economic Area Agreement.

These Regulations are structured into 5 regulations and 4 Schedules. In particular, regulation 3 implements Article 13 of the Enforcement Directive and sets out the grounds on which damages should be awarded to the claimant when the defendant knew that he is engaged in infringing activity.
Schedule 1 provides for the amendments to the Registered Designs Act 1949 and inserts new sections 15A, 15B, 15C, 24A to 24G.
Schedule 2 provides for the amendments to the Patents Act 1977 (c. 37), the Copyright, Designs and Patents Act 1988 (c. 48)and the Trade Marks Act 1994 (c. 26) in order to implement further article 13 of the Enforcement Directive.
Schedule 3 provides for the amendments to the Duration of Copyright and Rights in Performances Regulations1995, the Copyright and Related Rights Regulations 1996, the Copyright and Rights in Databases Regulations 1997 and the Community Design Regulations 2005. Schedule 4 provides for repeals and revocations.

The text of the Intellectual Property (Enforcement, etc.) Regulations 2006 is subject to Crown copyright protection (@ Crown copyright 2006).
Available Texts: 
English

The Intellectual Property (Enforcement, etc.) Regulations 2006 The Intellectual Property (Enforcement, etc.) Regulations 2006, Complete document (pdf) [107 KB]

Related Legislation:
WIPO Lex No.:GB140

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