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Trade Marks (Amendment etc.) (EU Exit) Regulations 2019

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Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (111)

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Laid by
Secretary Theresa Villiers
Department
Department for Environment, Food and Rural Affairs
Type
Statutory instruments
Notes
Explanatory memorandum withdrawn and replaced on 22nd October 2019.
Date
21 October 2019
Reference
SI 2019/1366
House
House of Lords; House of Commons

Letter dated 04/02/2019 from Lord Henley to Baroness Bowles of Berkhamsted regarding the EU Exit Trade Marks Statutory Instrument [Trade Marks (Amendment etc.) (EU Exit) Regulations 2018] and the instrument's approach to pending EU trade mark applications. 2p.

Deposited by
Department for Business, Energy and Industrial Strategy
Type
Deposited papers
Date
4 February 2019
Reference
DEP2019-0147
House
House of Lords

Letter dated 21/01/2019 from Lord Henley to Baroness Bowles of Berkhamsted and others regarding issues raised during the Grand Committee debate on the Trade Marks (Amendment etc.) (EU Exit) Regulations 2018, the Patents (Amendment) (EU Exit) Regulations 2018 and the Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2018. 7p.

Deposited by
Department for Business, Energy and Industrial Strategy
Type
Deposited papers
Date
21 January 2019
Reference
DEP2019-0090
House
House of Lords

Motion to consider. Agreed to on question.

Lead member
Chris Skidmore
Answering member
Bill Esterson
Department
Department for Business, Energy and Industrial Strategy
Type
Debates on delegated legislation; Delegated Legislation Committee proceedings
Committee
Twelfth Delegated Legislation Committee
Date
17 January 2019
House
House of Commons

Not content.

Member
Lord Adonis (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c27GC
House
House of Lords

Not content.

Member
Lord Warner (Crossbench)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c27GC
House
House of Lords

Not content.

Member
Baroness Kingsmill (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c27GC
House
House of Lords

The noble Lord said that he will apologise; when will that happen?

Member
Baroness Corston (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c3GC
House
House of Lords

Paragraph 10.1 of the Explanatory Memorandum says:

“No formal consultation has been carried”.

Member
Baroness Corston (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c5GC
House
House of Lords

My Lords—

Member
Baroness Corston (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c9GC
House
House of Lords

I am grateful. The Minister has just referred to consultation. Paragraph 10.1 of the Explanatory Notes merely says:

“The Intellectual Property Office has undertaken information gathering with stakeholders”—

we do not know who they are—and that:

“No formal consultation has been carried”.

Why has it not been done before?

Member
Baroness Corston (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c9GC
House
House of Lords

My Lords, I did not come to Grand Committee today expecting to speak on intellectual property. I am here to do financial services but, since I spent the best part of 40 years as a European patent attorney, it is hard not to intervene a little. I remember very well...

Member
Baroness Bowles of Berkhamsted (Liberal Democrat)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c11GC
House
House of Lords

The issue is where something has come from. You could export it under the terms of a licence, but you might have got it from some third country. In the Wella case, it was the US. It became very difficult to determine where the precise shampoo in question had come...

Member
Baroness Bowles of Berkhamsted (Liberal Democrat)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 cc11-2GC
House
House of Lords

The point about the impact assessment concerns me. The noble Lord, Lord Bates, who is eagerly awaiting our later exchanges, knows that I have been here before. Forgive me if I am paraphrasing the Minister, but what seems to have been said is that, when the impact assessments are done,...

Member
Baroness Bowles of Berkhamsted (Liberal Democrat)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 cc24-5GC
House
House of Lords

My Lords, if it is convenient, I shall speak also to the Patents (Amendment) (EU Exit) Regulations 2018—

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords

Will the noble Lord give way until I complete this sentence? I shall speak also to the Trade Marks (Amendment etc.) (EU Exit) Regulations 2018, which were laid before the House on 28 November. I shall give way to whichever noble Lord wishes to speak first.

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords

May I ask that these regulations be considered separately? Can the noble Lord also tell us whether they have been debated in the House of Commons? I could not find any reference to a Hansard account of such a debate in the Commons. If they have been, can he give...

Member
Lord Adonis (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords

My Lords, I am not aware that these regulations have yet been through the Commons, but they will in the usual way in due course. It has been agreed, and it has been advertised on the Order Paper, that we would take these three regulations—

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords

With respect, that is only if everyone agrees—and I for one do not agree.

Member
Lord Foulkes of Cumnock (Labour)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords

I notice that the noble Lord does not agree, but in line with the usual courtesies of the House, it would have been helpful if he had at least mentioned this to his noble friend the Opposition Chief Whip or even to my noble friend the Government Chief Whip.

Member
Lord Henley (Conservative)
Type
Proceeding contributions
Date
14 January 2019
Reference
795 c1GC
House
House of Lords