Shortened renewal terms for "old law" cases under transitional provisions of Industrial Property Act
The transitional provisions of the 2007 Industrial Property Act state that all “old law” cases (ie, all cases filed before April 2 2007) must either be renewed within 10 years of the new law coming into effect (ie, by April 2 2017) or at the end of their current 14-year term, whichever period first expires. This applies not only to cases that were filed and completed under the 1916 act, but also to those that were filed under the 1916 act and were completed, or are still pending, under the new law. On renewal, the law also requires the application/registration to be re-classified from the old British to the international classification.
The transitional provisions are being enforced, and will affect cases in the following categories:
- “Old law” applications/registrations filed between April 3 2003 and April 1 2007, and whose current 14-year renewal term would have expired between April 3 2017 and April 1 2021.
- “Old law” applications/registrations which were last due for renewal between April 3 2003 and April 1 2007, and whose current 14-year renewal term would have expired between April 3 2017 and April 1 2021.
There is a six-month grace period for renewal, which will expire on October 2 2017.
Matthew Costard, Spoor & Fisher Jersey
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