Statutory Instruments

1999 No. 983

PATENTS

TRADE MARKS

The Register of Patent Agents and the Register of Trade Mark Agents (Amendment) Rules 1999

Made

25th March 1999

Laid before Parliament

26th March 1999

Coming into force

16th April 1999

The Secretary of State, in exercise of the powers conferred upon him by section 275 of the Copyright, Designs and Patents Act 1988(1), section 123 of the Patents Act 1977(2) and sections 78 and 83 of the Trade Marks Act 1994(3) hereby makes the following Rules:–

1. These Rules may be cited as the Register of Patent Agents and the Register of Trade Mark Agents (Amendment) Rules 1999 and shall come into force on 16th April 1999.

2. In rule 8 (qualifying examinations) of the Register of Patent Agents Rules 1990(4), for the words “the Institute of Trade Mark Agents” substitute “the Institute of Trade Mark Attorneys”.

3. In rule 2 (interpretation) of the Register of Trade Mark Agents Rules 1990(5), for the words ““the Institute” means the Institute of Trade Mark Agents” substitute ““the Institute” means the Institute of Trade Mark Attorneys”.

Kim Howells

Parliamentary Under Secretary of State for Competition and Consumer Affairs,

Department of Trade and Industry

25th March 1999

Explanatory Note

(This note is not part of the Rules)

The Register of Patent Agents Rules 1990 (S.I. 1990/1457) regulate the registration of persons who act as agents for others for the purpose of applying for or obtaining patents and name the person to whom the Secretary of State has delegated the keeping of the register of patent agents (persons entitled to call themselves “registered patent agents”).

Those Rules currently name the Chartered Institute of Patent Agents as keeper of the register by way of a definition in rule 2. That Institute when considering making regulations for the provision of educational qualifications, is obliged by rule 8 of the Rules to consult with the Institute of Trade Mark Agents. That Institute has changed its name to the “Institute of Trade Mark Attorneys”. These amendment rules make the necessary consequential change to rule 8 (rule 2).

The Register of Trade Mark Agents Rules 1990 (S.I.f 1990/1458) regulate the registration of persons who act as agents for others for the purpose of applying for or obtaining the registration of trade marks and name the person to whom the Secretary of State has delegated the keeping of the register of trade mark agents (persons entitled to call themselves “registered trade mark agents”).

(1)

1988 c. 48.

(2)

1977 c. 37.

(3)

1994 c. 26.

(4)

S.I. 1990/1457.

(5)

S.I. 1990/1458. These rules, by virtue of paragraph 22(1) and (3) of Schedule 3 to the Trade Marks Act 1994, continue in force and have effect as if made under section 83 of that ct and may be varied by further rules made under that section.