Statutory Instrument 1989 No. 1292

The Copyright, Designs and Patents Act 1988 (Isle of Man) (No. 2) Order 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1292

DESIGNS PATENTS TRADE MARKS

The Copyright, Designs and Patents Act 1988 (Isle of Man) (No. 2) Order 1989

Made	28th July 1989

Coming into force

1st August 1989

At the Court at Windsor Castle, the 28th day of July 1989

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 304(4) and (6) of the Copyright, Designs and Patents Act 1988^[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order may be cited as the Copyright, Designs and Patents Act 1988 (Isle of Man) (No. 2) Order 1989 and shall come into force on 1st August 1989.

    2.—(1)  The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man subject to the exceptions and modifications specified in paragraphs (2) and (3) below -
 (a) Part IV (registered designs), except section 272 (so far as that section relates to paragraph 21 of Schedule 3) and section 273;
 (b) section 300 (fraudulent application or use of trade marks an offence);
 (c) Schedule 3 (registered designs: minor and consequential amendments), except paragraph 21, and
 (d) paragraphs 12 to 16 of Schedule 5 (patents: miscellaneous amendments).

    (2)  Any reference in any of those provisions to an Act of Parliament or to a provision of such an Act shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.

    (3)  Without prejudice to paragraph (2) above, sections 58A to 58D of the Trade Marks Act 1938^[2] inserted by section 300 shall have effect subject to the exceptions and modifications specified in the Schedule to this Order.

    3.    The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man -
 (a) section 303 (consequential amendments and repeals), so far as it relates to the provisions specified in paragraphs (b) and (c) below;
 (b) paragraphs 5, 20, 22 and 23 of Schedule 7, and
 (c) Schedule 8, so far as it relates to -
 (i) the Registered Designs Act 1949^[3] (except section 32 of that Act), and
 (ii) section 49(3) of, and paragraphs 1 and 3 of Schedule 5 to, the Patents Act 1977^[4].

    4.    The Copyright, Designs and Patents Act 1988 (Isle of Man) Order 1989^[5] is hereby revoked.

G.I. de Deney

Clerk of the Privy Council

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Notes:

[1] 1988 c. 48.

[2] 1938 c. 22.

[3] 1949 c. 88.

[4] 1977 c. 37.

[5] S.I. 1989/981.

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