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In force2020 Revised Edition

Part 12 · Use of Patented Inventions for Services of Government

57. Rights of third parties in respect of Government use

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(1)

In relation to —

(a)

anything done in accordance with section 56 by the Government or any party authorised in writing by the Government; or

(b)

anything done to the order of the Government —

(i)

for a public non-commercial purpose; or

(ii)

for or during a national emergency or other circumstances of extreme urgency,by the proprietor of a patent in respect of the patented invention or by the proprietor of an application for a patent in respect of the invention for which the application has been filed and is still pending,the provisions of any licence, assignment or agreement to which this subsection applies, subject to sections 60, 61 and 62, are of no effect so far as those provisions restrict or regulate the working of the invention, or the use of any model, document or information relating to it, or provide for the making of payments in respect of, or calculated by reference to, such working or use.

(2)

The reproduction or publication of any model or document in connection with the said working or use is not to be deemed to be an infringement of any copyright or design right subsisting in the model or document.

(3)

Subsection (1) applies to any licence, assignment or agreement which is made, whether before or after 23 February 1995, between (on the one hand) any person who is a proprietor of or an applicant for the patent, or anyone who derives title from any such person or from whom such person derives title, and (on the other hand) any person other than the Government.

Report

Part 13

Infringement of Patents

Part 14

Revocation of Patents and Validity Proceedings

Part 15

Amendments of Patents and Applications

Part 16

International Applications for Patents

Part 17

Legal Proceedings

Part 18

Offences

Part 19

Patent Agents and Foreign Patent Agents

Part 20

Miscellaneous and General

Schedules