EU
Legislation (United Kingdom Exit – Intellectual Property Amendments) (Jersey)
Order 2019
Made 24th October 2019
Coming into
force in accordance with Article 4
THE MINISTER FOR EXTERNAL RELATIONS makes this Order under Regulation 3
of the EU Legislation (Customs Union, Import and Export Control) (Jersey)
Regulations 2018[1], and after consulting the Agent
of the Impôts and the Minister for Home Affairs –
1 Community Provisions (Goods Suspected of Infringing Intellectual
Property Rights) (Jersey) Regulations 2014 amended
In Regulation 2 of
the Community Provisions (Goods Suspected of Infringing Intellectual Property
Rights) (Jersey) Regulations 2014[2] –
(a) in paragraph (1)
there is deleted “to the extent, if any, that it does not have effect under
Article 2 of the European Communities (Jersey) Law 1973”;
(b) for paragraph (2)
there is substituted –
“(2) For
the purpose of the EU Regulation, as given effect by paragraph (1) –
(a) a reference to a member state or to the
European Union is to be read as being a reference to Jersey;
(b) a reference to the customs territory of the
European Union is to be read as being a reference to the corresponding
territories, for the purpose of a Jersey arrangement, within the meaning of
those expressions in the EU Legislation (Customs Union, Import and Export
Control) (Jersey) Regulations 2018[3]; and
(c) a reference to any provision of an
enactment of the European Union relating to customs is to be read as being a
reference to any corresponding provision, for the purpose of such a Jersey
arrangement, of an enactment of Jersey.”.
2 Intellectual Property (Unregistered Rights) (Jersey) Law 2011
amended
In the Intellectual
Property (Unregistered Rights) (Jersey) Law 2011[4] –
(a) for Article 42(5) there
is substituted –
“(5) Nothing in paragraph (3) is to be
construed as applying to an article which it would have been lawful to import
into Jersey pursuant to any right available by virtue of Article 2(1) of
the European Union (Jersey) Law 1973[5] if –
(a) that Law had not been repealed;
(b) the Protocol described in Article 1(4B)(a) of that Law was still in effect; and
(c) the United Kingdom was still a member State
of the European Union.”;
(b) in Article 141(6)
for “Article 1(1) of Council Regulation (EC) No. 1383/2003 concerning
customs action against goods suspected of infringing certain intellectual
property rights and the measures to be taken against goods found to have
infringed such rights, in respect of which an application may be made under
Article 5(1) of that Regulation” there is substituted “Article 1(1)
of the EU Regulation, within the meaning of the Community Provisions (Goods
Suspected of Infringing Intellectual Property Rights) (Jersey) Regulations 2014[6], as that EU Regulation is given effect by and construed under those
Regulations”;
(c) for Article 344(5) there
is substituted –
“(5) Nothing in paragraph (3) is to be
construed as applying to an article which it would have been lawful to import
into Jersey pursuant to any right available by virtue of Article 2(1) of
the European Union (Jersey) Law 1973 if –
(a) that Law had not been repealed;
(b) the Protocol described in Article 1(4B)(a) of that Law was still in effect; and
(c) the United Kingdom was still a member State
of the European Union.”.
3 Trade Marks (Jersey) Law 2000 amended
In Article 22(3) of
the Trade Marks (Jersey) Law 2000[7] for “Article 1(1) of Council Regulation (EC) No. 1383/2003
of 22 July 2003 concerning customs action against goods suspected of
infringing certain intellectual property rights and the measures to be taken
against goods found to have infringed such rights (OJ L 196,
2.8.2003, p.7), in respect of which an application
may be made under Article 5(1) of that Regulation” there is substituted
“Article 1(1) of the EU Regulation, within the meaning of the
Community Provisions (Goods Suspected of Infringing Intellectual Property
Rights) (Jersey) Regulations 2014[8], as that EU Regulation is given effect by and construed under those
Regulations”.
4 Citation and
commencement
This Order may be cited as the EU
Legislation (United Kingdom Exit – Intellectual Property Amendments)
(Jersey) Order 2019 and comes into force on the commencement of Article 2
of the European Union (Repeal and Amendment) (Jersey) Law 2018[9].
senator i.j. gorst
Minister for External Relations