World Intellectual Property Organization

Sources of United Kingdom Legislation

Acts of Parliament

An Act of Parliament is a bill approved by both the House of Commons and the House of Lords and formally agreed to by the reigning monarch (known as Royal Assent).  In the United Kingdom, Parliament is sovereign.  Therefore an Act passed by the parliament in Westminster is considered to be the highest form of law.  An Act of Parliament is a type of primary legislation.

Statutory Instruments

Statutory Instruments (SIs) are a form of secondary legislation or subordinate legislation. Often, Acts only contain a broad framework and SIs are used to provide the necessary detail that would be considered too complex to include in the body of an Act.  Secondary legislation can also be used to amend, update or enforce existing primary legislation.

1. Regulatory Reform Orders

The Regulatory Reform Act 2001 enabled the Government to make an order, known as a regulatory reform order, to amend or repeal a provision in primary legislation which is considered to impose a burden on business or others, as long as it can be reduced or removed without removing necessary protection.

2. Commencement Orders

Commencement orders bring into force the whole or part of an Act of Parliament which was not put into effect immediately upon Royal Assent.

3. Orders in Council

Orders in Council are issued "by and with the advice of Her Majesty's Privy Council", and are usually classified as secondary legislation.  They are most commonly used when an ordinary statutory instrument would be inappropriate.

4. Orders of Council

Orders of Council are made by the Privy Council in exercise of powers conferred upon them alone and usually relate to the regulation of professions or professional bodies.

5. Rules

The Rules set out detailed procedures under an Act of Parliament. They also include the technical specifications.

Sources:

- http://www.parliament.uk

- Statutory Instruments: Factsheet L7 Legislative Series Revised May 2008, House of Commons Information Office

- BRADLEY, A. W. & EWING, K. D. (2008) Constitutional and Administrative Law, Pearson Education

 

Outline of United Kingdom Intellectual Property Laws

Prepared by WIPO © 2010 


Contents

Patents
Industrial Designs
Copyright
Trademarks
Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions/Folklore
Plant Variety Protection


Patents

Main Law

  1. Patents Act 1977

Amending the main Law

  1. Copyright, Designs and Patents Act 1988
  2. Patents and Trade Marks (WTO) Regulations 1999
  3. Patents Regulations 2000
  4. Enterprise Act 2002
  5. Regulatory Reform (Patents) Order 2004
  6. Patents Act 2004
  7. Medicines (Marketing Authorisations etc.) Amendment Regulations 2005
  8. Intellectual Property (Enforcement, etc.) Regulations 2006
  9. Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007
  10. Legal Services Act 2007

Rules

  1. Patents (Companies Re-registration) Rules 1982
  2. Register of Patent Agents Rules 1990
  3. Patent Agents (Non-recognition of Certain Agents by Comptroller) Rules 1990
  4. Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994
  5. Patents Rules 2007
  6. Patents (Fees) Rules 2007
  7. Patents, Trade Marks and Designs (Address for Service) Rules 2009
  8. Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009

Orders

  1. Patents (Convention Countries) Order 2007
  2. Patents (Convention Countries) (Amendment) Order 2009


Industrial Designs

Main Law

  1. Registered Designs Act 1949
  2. Copyright, Designs and Patents Act 1988

Amending the main Law

  1. Registered Designs Regulations 2001
  2. Registered Designs Regulations 2003
  3. Community Designs Regulations 2005
  4. Regulatory Reform (Registered Designs) Order 2006
  5. Intellectual Property (Enforcement, etc.) Regulations 2006
  6. Designs (International Registrations Designating the European Community) Regulations 2007

Rules

  1. Designs (Companies Re-registration) Rules 1982
  2. Design Right (Proceedings before Comptroller) Rules 1989
  3. Design Right (Proceedings before Comptroller) (Amendment) Rules 1992
  4. Registered Designs Rules 2006
  5. Registered Designs (Fees) (No. 2) Rules 2006

Implementing Regulations

  1. Community Design (Fees) Regulations 2002
  2. Community Designs (Designation of Community Design Courts) Regulations 2005

Orders

  1. Designs (Convention Countries) Order 2007


Copyright

Main Law

  1. Copyright, Designs and Patents Act 1988

Amending the main Law

  1. Design Right (Semiconductor Topographies) Regulations 1989
  2. Broadcasting Act 1990 - Part IX
  3. Copyright (Computer Programs) Regulations 1992
  4. Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995
  5. Duration of Copyright and Rights in Performances Regulations 1995
  6. Broadcasting Act 1996 - Part VII
  7. Copyright and Related Rights Regulations 1996
  8. Copyright and Rights in Databases Regulations 1997
  9. Conditional Access (Unauthorized Decoders) Regulations 2000
  10. Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002
  11. Copyright (Visually Impaired Persons) Act 2002
  12. Copyright and Related Rights Regulations 2003
  13. Legal Deposit Libraries Act 2003
  14. Intellectual Property (Enforcement, etc.) Regulations 2006
  15. Performances (Moral Rights, etc.) Regulations 2006

Implementing Regulations

  1. Artist’s Resale Right Regulations 2006
  2. Copyright and Rights in Databases (Amendment) Regulations 2003

Orders

  1. Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University) Order 2003
  2. European Communities (Definition of Treaties) (Database Protection Agreement between the United Kingdom on behalf of the Isle of Man and the European Community) Order 2003
  3. Copyright (Educational Establishments) Order 2005
  4. Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2007
  5. Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Revocation and Amendment) Order 2008
  6. Copyright and Performances (Application to Other countries) Order 2008
  7. Copyright and Performances (Application to Other Countries) (Amendment) Order 2009


Trademarks

Main Law

  1. Trade Marks Act 1994

Amending the main Law

  1. Trade Marks (EC Measures Relating to Counterfeit Goods) Regulations 1995
  2. Olympic Symbol etc (Protection) Act 1995 - Section 13
  3. Patents and Trade Marks (World Trade Organisation) Regulations 1999 - Part IV
  4. Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002
  5. Trade Marks (Proof of Use, etc.) Regulations 2004
  6. Trade Marks (International Registrations Designating the European Community, etc.) Regulations 2004
  7. Serious Organised Crime and Police Act 2005
  8. Intellectual Property (Enforcement, etc.) Regulations 2006
  9. Trade Marks (Earlier Trade Marks) Regulations 2008

Rules

  1. Register of Trade Mark Agents Rules 1990  
  2. Register of Patent Agents and the Register of Trade Mark (Amendment) Rules 1999
  3. Patents, Trade Marks and Designs (Address For Service and Time Limits, etc) Rules 2006
  4. Trade Marks Rules 2008
  5. Trade Marks (Fees) Rules 2008
  6. Trade Marks (Amendment) Rules 2008
  7. Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009

Implementing Regulations

  1. Trade Marks (Customs) Regulations 1994
  2. Tobacco Advertising and Promotion (Brandsharing) Regulations 2004
  3. Community Trade Mark Regulations 2006
  4. Community Trade Mark (Amendment) Regulations 2008

Orders

  1. Trade Marks (Claims to Priority from Relevant Countries) Order 1994
  2. Trade Marks (Claims to Priority from Relevant Countries) (Amendment) Order 1995
  3. Trade Marks Act 1994 (Isle of Man) (Amendment) Order 2004
  4. Institute of Trade Mark Attorneys Order 2005
  5. Trade Marks (Relative Grounds) Order 2007
  6. Trade Marks (International Registration) Order 2008


Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions/Folklore

Traditional Knowledge

  1. Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005
  2. European Directive 2006/509 on Traditional Specialities Guaranteed

Genetic Resources

  1. Patents Regulations 2000
  2. Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002
  3. Patents Rules 2007

Traditional Cultural Expressions (Folklore)

  1. Copyright, Designs and Patents Act 1988


Plant Variety Protection

Main Law

  1. Plant Varieties Act 1964
  2. Plant Varieties Act 1997

Implementing Regulations

  1. The Plant Breeders' Rights (Information Notices) (Extension to European Community Plant Variety Rights) Regulations 1998
  2. The Plant Breeders' Rights (Information Notices) Regulations 1998
  3. The Plant Breeders' Rights (Farm Saved Seed) (Specified Information) Regulations 1998
  4. The Plant Breeders' Rights Regulations 1998
  5. The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002

Orders

  1. The Plant Breeders' Rights (Farm Saved Seed) (Specification of Species and Groups) Order 1998

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