Intellectual Property Bill (HC Bill 102)

(b) in paragraph (b), for “another country” substitute “a country”.

(4) For section 159 of that Act substitute—

“159 Application of this Part to countries to which it does not extend

(1) Where a country is a party to the Berne Convention or a member of the
5World Trade Organisation, this Part, so far as it relates to literary,
dramatic, musical and artistic works, films and typographical
arrangements of published editions—

(a) applies in relation to a citizen or subject of that country or a
person domiciled or resident there as it applies in relation to a
10person who is a British citizen or is domiciled or resident in the
United Kingdom,

(b) applies in relation to a body incorporated under the law of that
country as it applies in relation to a body incorporated under
the law of a part of the United Kingdom, and

(c) 15applies in relation to a work first published in that country as it
applies in relation to a work first published in the United
Kingdom.

(2) Where a country is a party to the Rome Convention, this Part, so far as
it relates to sound recordings and broadcasts—

(a) 20applies in relation to that country as mentioned in paragraphs
(a), (b) and (c) of subsection (1), and

(b) applies in relation to a broadcast made from that country as it
applies to a broadcast made from the United Kingdom.

(3) Where a country is a party to the WPPT, this Part, so far as relating to
25sound recordings, applies in relation to that country as mentioned in
paragraphs (a), (b) and (c) of subsection (1).

(4) Her Majesty may by Order in Council—

(a) make provision for the application of this Part to a country by
subsection (1), (2) or (3) to be subject to specified restrictions;

(b) 30make provision for applying this Part, or any of its provisions,
to a specified country;

(c) make provision for applying this Part, or any of its provisions,
to any country of a specified description;

(d) make provision for the application of legislation to a country
35under paragraph (b) or (c) to be subject to specified restrictions.

(5) Provision made under subsection (4) may apply generally or in relation
to such classes of works, or other classes of case, as are specified.

(6) Her Majesty may not make an Order in Council containing provision
under subsection (4)(b) or (c) unless satisfied that provision has been or
40will be made under the law of the country or countries in question, in
respect of the classes to which the provision under subsection (4)(b) or
(c) relates, giving adequate protection to the owners of copyright under
this Part.

(7) Application under subsection (4)(b) or (c) is in addition to application
45by subsections (1) to (3).

(8) Provision made under subsection (4)(c) may cover countries that
become (or again become) of the specified description after the
provision comes into force.

(9) In this section—

• 5“the Berne Convention” means any Act of the International
  Convention for the Protection of Literary and Artistic Works
  signed at Berne on 9 September 1886;

• “the Rome Convention” means the International Convention for
  the Protection of Performers, Producers of Phonograms and
  10Broadcasting Organisations done at Rome on 26 October 1961;

• “the WPPT” means the World Intellectual Property Organisation
  Performances and Phonograms Treaty adopted in Geneva on 20
  December 1996.

(10) A statutory instrument containing an Order in Council under this
15section is subject to annulment in pursuance of a resolution of either
House of Parliament.”

(5) In section 206 of that Act (rights in performances: qualifying countries, etc.), in
subsection (1), in the definition of “qualifying country”—

(a) for paragraph (b) substitute—

“(b) 20another EEA state,”,

(b) after that paragraph (but before the following “or”) insert—

“(ba) the Channel Islands, the Isle of Man or Gibraltar,”, and

(c) after paragraph (ba) (but before the following “or”) insert—

“(bb) a country which is a party to the Rome Convention,”.

(6) 25In that section, after subsection (3) insert—

“(4) Her Majesty may by Order in Council—

(a) make provision for the application of this Part to a country by
virtue of paragraph (bb) or (c) of the definition of “qualifying
country” in subsection (1) to be subject to specified restrictions;

(b) 30amend the definition of “qualifying country” in subsection (1)
so as to add a country which is not a party to the Rome
Convention;

(c) make provision for the application of this Part to a country
added under paragraph (b) to be subject to specified
35restrictions.

(5) A statutory instrument containing an Order in Council under this
section is subject to annulment in pursuance of a resolution of either
House of Parliament.”

(7) In that section, after subsection (5) insert—

“(6) 40In this section, “the Rome Convention” means the International
Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organisations done at Rome on 26 October 1961.”

(8) In section 208(5) of that Act (which, so far as it gives power to designate any of
the Channel Islands or the Isle of Man, is superseded by the new section
45206(1)(ba)) omit “any of the Channel Islands, the Isle of Man or”.

(9) After section 212 of that Act insert—

“Supplementary

212A Power to amend in consequence of changes to international law

(1) The Secretary of State may by order amend this Part in consequence of
5changes to international law in the area of performance rights.

(2) An order under this section must be made by statutory instrument; and
no order may be made unless a draft of it has been laid before and
approved by a resolution of each House of Parliament.”

Part 4 10General

23 Power to make consequential or transitional provision etc.

(1) The Secretary of State may by order made by statutory instrument—

(a) make provision in consequence of a provision of this Act;

(b) make transitional, transitory or saving provision in connection with the
15commencement of a provision of this Act or of provision made under
paragraph (a).

(2) An order under this section may amend, repeal, revoke or otherwise modify an
enactment.

(3) The power conferred by this section is not restricted by any other provision of
20this Act.

(4) In this section, “enactment” includes—

(a) an enactment contained in subordinate legislation (within the meaning
of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act of
25the Scottish Parliament, an Act or Measure of the National Assembly
for Wales or Northern Ireland legislation,

and references to an enactment include a reference to an enactment passed or
made after the passing of this Act.

(5) A statutory instrument which contains an order under this section containing
30(whether alone or with other provision) provision that amends or repeals a
provision of an Act of Parliament may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each House
of Parliament.

(6) Subject to that, a statutory instrument which contains an order under this
35section containing (whether alone or with other provision) provision under
subsection (1)(a) is subject to annulment in pursuance of a resolution of either
House of Parliament.

24 Commencement, extent and short title

(1) The preceding provisions of this Act come into force on such day as the
40Secretary of State may by order made by statutory instrument appoint.

(2) An order under this section may appoint different days for different purposes.

(3) An amendment or repeal made by this Act has the same extent as the
enactment being amended or repealed.

(4) Section 21 extends to England and Wales, Scotland and Northern Ireland.

(5) 5Section 23 extends to England and Wales, Scotland, Northern Ireland and the
Isle of Man.

(6) This Act may be cited as the Intellectual Property Act 2013.

Section 19

Schedule Minor amendments to the Patents Act 1977

Patent applications in or for WTO members

1 (1) In section 5 of the Patents Act 1977 (priority date), in subsection (5), after
5paragraph (a) insert—

“(aa) an application in or for a country (other than the United
Kingdom) which is a member of the World Trade
Organisation for protection in respect of an invention which,
in accordance with the law of that country or a treaty or
10international obligation to which it is a party, is equivalent to
an application for a patent under this Act;”.

(2) In that subsection, for “such an application” substitute “an application for a
patent under this Act”.

(3) In that section, omit subsection (6).

15Assertion of third party rights where application terminated

2 In section 20B of that Act (effect of reinstatement of patent application), after
subsection (4) insert—

“(4A) The right conferred by subsection (4) does not become exercisable
until the end of the period during which a request may be made
20under this Act, or under the rules, for an extension of the period
referred to in section 20A(1).”

Adjustment of certain time periods to anniversary date model

3 (1) In each of the following provisions of that Act, for “the end of the period of
two years beginning with” substitute “the second anniversary of”—

(a) 25section 37(5) and (9) (determination of right to patent after grant),
and

(b) section 72(2)(b) (application to revoke patent).

(2) In section 74(4)(b) of that Act (proceedings where validity of patent may be
in issue), for “before the end of the period of two years beginning with”
30substitute “on or before the second anniversary of”.

References to “counsel”

4 (1) In section 52(4) of that Act (appeals), for “such other counsel” substitute
“such other person who has a right of audience”.

(2) In section 58(2) of that Act (disputes as to Crown use), for “counsel for the
35other party” substitute “the other party’s legal representative”.

Correction of typographical error

5 In section 60(7) of that Act (meaning of infringement: interpretation), in the
definition of “Directive 2001/82/EC”, for “Directive 2004/28” substitute
“Directive 2004/28/EC”.

5European patent (UK): payment of renewal fee following restoration

6 In section 77 of that Act (European patents (UK)), after subsection (5)
insert—

“(5A) Where, under the European Patent Convention, a European patent is
revoked and subsequently restored (including where it is revoked by
10the Board of Appeal and subsequently restored by the Enlarged
Board of Appeal), any fee that would have been imposed in relation
to the patent after the revocation but before the restoration is payable
within the prescribed period following the restoration.”