Intellectual Property Bill (HL Bill 5)

(jurisdiction of the comptroller etc.), after section 249 insert—

“249A Opinions service

The descriptions of designs which may be specified in regulations
under subsection (1)(b) of section 28A of the Registered Designs Act
51949 (requests to the comptroller for opinions on designs) include, in
particular—

(a) designs in which design right subsists in accordance with this
Part, and

(b) designs in relation to which there is a question whether design
10right so subsists.”

(3) In section 37 of the Registered Designs Act 1949 (the title to which becomes
“Provisions as to rules, regulations and orders”)—

(a) in subsection (3), after “an order under section 15ZA” (inserted by
section 8(2)(a)), insert “and the power to make regulations under
15section 28A”, and

(b) in subsection (4), after “an order under section 15ZA” (inserted by
section 8(2)(b)) insert “or regulations under section 28A”.

12 Use of directions by the registrar

(1) After section 31 of the Registered Designs Act 1949 insert—

“31A 20Power to require use of forms

(1) The registrar may require the use of such forms as the registrar may
direct for—

(a) an application for the registration of a design;

(b) representations or specimens of designs or other documents
25which may be filed at the Patent Office.

(2) The forms, and any directions by the registrar about their use, are to be
published in the prescribed manner.”

(2) In section 3(1) of that Act (application for registration), omit “shall be made in
the prescribed form and”.

(3) 30In section 36(1A) of that Act (matters which may be covered in rules), for
paragraph (a) substitute—

“(a) requiring the furnishing of copies of such representations or
specimens of designs or other documents as may be filed at the
Patent Office;”.

(4) 35In section 39(1) of that Act (hours of business and excluded days)—

(a) for “Rules made by the Secretary of State under this Act may specify”
substitute “The registrar may give directions specifying”, and

(b) for “and may specify” substitute “and specifying”.

(5) Despite the repeal made by subsection (2), any rules made in reliance on
40section 3(1) of that Act which are in force immediately before the
commencement of that repeal continue in force until such time as directions
about forms of the kind which had been prescribed by the rules take effect.

(6) Despite the amendment made by subsection (3), any rules made in reliance on
section 36(1A)(a) of that Act which are in force immediately before the

commencement of that amendment continue in force until such time as
directions about forms of the kind which had been prescribed by the rules take
effect.

(7) In subsections (5) and (6), “directions” means directions given under section
531A of that Act (as inserted by subsection (1)).

(8) Despite the amendment made by subsection (4), any rules made in reliance on
section 39(1) of that Act which are in force immediately before the
commencement of that amendment continue in force until such time as
directions about the matter specified by the rules take effect.

(9) 10In subsection (8), “directions” means directions given under section 39(1) of
that Act (as amended by subsection (4)).

13 Offence of unauthorised copying etc. of design in course of business

After section 35 of the Registered Designs Act 1949 insert—

“35ZA Offence of unauthorised copying etc. of design in course of business

(1) 15A person commits an offence if—

(a) in the course of a business, the person copies a registered design
so as to make a product exactly or substantially to that design,
and

(b) the person does so—

(i) 20knowing, or having reason to believe, that the design is
a registered design, and

(ii) without the consent of the registered proprietor of the
design.

(2) Subsection (3) applies in relation to a product where a registered design
25has been copied so as to make the product exactly or substantially to the
design.

(3) A person commits an offence if—

(a) in the course of a business, the person offers, puts on the market,
imports, exports or uses the product, or stocks it for one or more
30of those purposes,

(b) the person does so without the consent of the registered
proprietor of the design, and

(c) the person does so knowing, or having reason to believe, that—

(i) a design has been copied without the consent of the
35registered proprietor so as to make the product exactly
or substantially to the design, and

(ii) the design is a registered design.

(4) It is a defence for a person charged with an offence under this section
to show that the person reasonably believed that the registration of the
40design was invalid.

(5) It is also a defence for a person charged with an offence under this
section to show that the person did not infringe the right in the design.

(6) In this section “registered design” includes a registered Community
design; and a reference to the registered proprietor is, in the case of a
45registered Community design, to be read as a reference to the holder.

(7) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both;

(b) on summary conviction in England and Wales or Northern
5Ireland, to imprisonment for a term not exceeding six months or
to a fine not exceeding the statutory maximum or to both;

(c) on summary conviction in Scotland, to imprisonment for a term
not exceeding 12 months or to a fine not exceeding the statutory
maximum or to both.

35ZB 10Section 35ZA: enforcement

(1) The following provisions of the Trade Descriptions Act 1968 (which
provide for the enforcement of that Act by local weights and measures
authorities or the relevant Northern Ireland Department) apply as if
section 35ZA were a provision of that Act—

(a) 15section 27 (power to make test purchases);

(b) section 28 (power to enter premises and inspect and seize goods
and documents);

(c) section 29 (obstruction of authorised officers);

(d) section 33 (compensation for loss etc of seized goods).

(2) 20Any enactment which authorises the disclosure of information for the
purpose of facilitating the enforcement of the Trade Descriptions Act
1968 applies—

(a) as if section 35ZA were a provision of that Act, and

(b) as if the functions of any person in relation to the enforcement
25of that section were functions under that Act.

(3) Nothing in this section is to be construed as authorising a local weights
and measures authority to bring proceedings in Scotland.

35ZC Section 35ZA: forfeiture in England and Wales or Northern Ireland

(1) In England and Wales or Northern Ireland, a person who, in connection
30with the investigation or prosecution of an offence under section 35ZA,
has come into the possession of relevant products or articles may apply
under this section for an order for the forfeiture of the products or
articles.

(2) “Relevant product” means a product which is made exactly or
35substantially to a registered design by copying that design.

(3) “Relevant article” means an article which is specifically designed or
adapted for making copies of a registered design.

(4) An application under this section may be made—

(a) where proceedings have been brought in any court for an
40offence under section 35ZA relating to some or all of the
products or articles, to that court;

(b) where no application for the forfeiture of the products or
articles has been made under paragraph (a), by way of
complaint to a magistrates’ court.

(5) 45On an application under this section, the court may make an order for
the forfeiture of products or articles only if it is satisfied that an offence

under section 35ZA has been committed in relation to the products or
articles.

(6) A court may infer for the purposes of this section that such an offence
has been committed in relation to any products or articles if it is
5satisfied that such an offence has been committed in relation to
products or articles which are representations of them (whether by
reason of being of the same design or part of the same consignment or
batch or otherwise).

(7) Any person aggrieved by an order made under this section by a
10magistrates’ court, or by a decision of such a court not to make such an
order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court.

(8) An order so made may contain such provision as appears to the court
15to be appropriate for delaying the coming into force of the order
pending the making and determination of any appeal (including any
application under section 111 of the Magistrates’ Courts Act 1980 or
Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981).

(9) Subject to subsection (10), any products or articles forfeited under this
20section are to be destroyed in accordance with such directions as the
court may give.

(10) On making an order under this section, the court may, if it considers it
appropriate to do so, direct that the products or articles to which the
order relates shall (instead of being destroyed) be released to such
25person and on such conditions as the court may specify.

35ZD Section 35ZA: forfeiture in Scotland

(1) In Scotland, the court may make an order for the forfeiture of any
relevant products or articles (as defined by section 35ZC).

(2) An order under this section may be made—

(a) 30on an application by the procurator fiscal made in the manner
specified in section 134 of the Criminal Procedure (Scotland)
Act 1995, or

(b) where a person is convicted of an offence under section 35ZA,
in addition to any other penalty which the court may impose.

(3) 35On an application under subsection (2)(a), the court may make an order
for the forfeiture of relevant products or articles only if it is satisfied
that an offence under section 35ZA has been committed in relation to
the relevant products or articles.

(4) The court may infer for the purposes of this section that such an offence
40has been committed in relation to any relevant products or articles
which are representative of them (whether by reason of being of the
same design or part of the same consignment or batch or otherwise).

(5) The procurator fiscal making the application under subsection (2)(a)
must serve on any person appearing to the procurator fiscal to be the
45owner of, or otherwise have an interest in, the products or articles to
which an application under this section relates is entitled to appear at

the hearing of the application to show cause why the products or
articles should not be forfeited.

(6) Service under subsection (5) must be carried out, and such service may
be proved, in the manner specified for citation of an accused in
5summary proceedings under the Criminal Procedure (Scotland) Act
1995.

(7) Any person upon whom notice is served under subsection (5) and any
other person claiming to be the owner of, or otherwise have an interest
in, products or articles to which an application under this section
10relates is entitled to appear at the hearing of the application to show
cause why the products or articles should not be forfeited.

(8) The court must not make an order following an application under
subsection (2)(a)—

(a) if any person on whom notice is served under subsection (5)
15does not appear, unless service of the notice on that person is
proved, or

(b) if no notice under subsection (5) has been served, unless the
court is satisfied that in the circumstances it was reasonable not
to serve such notice.

(9) 20Where an order for the forfeiture of any products or articles is made
following an application under subsection (2)(a), any person who
appeared, or was entitled to appear, to show cause why goods, material
or articles should not be forfeited may, within 21 days of making the
order, appeal to the High Court of Justiciary by bill of suspension.

(10) 25Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995
applies to an appeal under subsection (9) as it applies to a stated case
under Part 2 of that Act.

(11) An order following an application under subsection (2)(a) does not take
effect—

(a) 30until the end of the period of 21 days beginning with the day
after the day on which the order is made, or

(b) if an appeal is made under subsection (9) within that period,
until the appeal is dismissed or abandoned.

(12) An order under subsection (2)(b) does not take effect—

(a) 35until the end of the period within which an appeal against the
order could be brought under the Criminal Procedure
(Scotland) Act 1995, or

(b) if an appeal is made within that period, until the appeal is
determined or abandoned.

(13) 40Subject to subsection (14), products or articles forfeited under this
section must be destroyed in accordance with such directions as the
court may give.

(14) On making an order under this section, the court may, if it considers it
appropriate to do so, direct that the products or articles to which the
45order relates shall (instead of being destroyed) be released, to such
person and on such conditions as the court may specify.

(15) In this section, “the court” means—

(a) in relation to an order made on an application under subsection
(2)(a), the sheriff;

(b) in relation to an order made under subsection (2)(b), the court
which imposed the penalty.”

5Part 2 Patents

14 Infringement: marking product with internet link

(1) In section 62 of the Patents Act 1977 (restrictions on recovery of damages for
infringement), in subsection (1), after “the number of the patent” insert “or a
10relevant internet link”.

(2) After that subsection insert—

“(1A) The reference in subsection (1) to a relevant internet link is a reference
to an address of a posting on the internet—

(a) which is accessible to the public free of charge, and

(b) 15which clearly associates the product with the number of the
patent.”

15 Opinions service

(1) In section 74A of the Patents Act 1977 (the title to which becomes “Opinions on
matters prescribed in the rules”), in subsection (1), for the words from “an
20opinion” to the end substitute “an opinion on a prescribed matter in relation to
the patent”.

(2) In section 74B of that Act (reviews of opinions under section 74A), omit
subsection (2)(c) (power to make rules providing for review proceedings to be
treated as other proceedings under the Act).

(3) 25In Schedule 4A to that Act (application of Act to supplementary protection
certificates), in paragraph 1(2), at the appropriate place insert—

• “sections 74A and 74B (opinions by the Patent Office);”.

(4) In section 73 of that Act (comptroller’s power to revoke patents), after
subsection (1) insert—

“(1A) 30Where the comptroller issues an opinion under section 74A that section
1(1)(a) or (b) is not satisfied in relation to an invention for which there
is a patent, the comptroller may revoke the patent.

(1B) The power under subsection (1A) may not be exercised before—

(a) the end of the period in which the proprietor of the patent may
35apply under the rules (by virtue of section 74B) for a review of
the opinion, or

(b) if the proprietor applies for a review, the decision on the review
is made (or, if there is an appeal against that decision, the appeal
is determined).

(1C) 40The comptroller shall not exercise the power under subsection (1A)
without giving the proprietor of the patent an opportunity to make any

observations and to amend the specification of the patent without
contravening section 76.”

16 Unified Patent Court

Before section 89 of the Patents Act 1977 (and before the preceding cross-
5heading) insert—

“Unified Patent Court

88A Implementation of Agreement on a Unified Patent Court

(1) The Secretary of State may by order make provision for giving effect in
the United Kingdom to the provisions of the Agreement on a Unified
10Patent Court made in Brussels on 19 February 2013.

(2) An order under this section may, in particular, make provision—

(a) to confer jurisdiction on a court, remove jurisdiction from a
court or vary the jurisdiction of a court;

(b) to require the payment of fees.

(3) 15An order under this section may also make provision for varying the
application of specified provisions of this Act so that they correspond
to provision made by the Agreement.

(4) An order under this section may—

(a) make provision which applies generally or in relation only to
20specified cases;

(b) make different provision for different cases.

(5) An order under this section may amend this Act or any other
enactment.

(6) An order under this section may not be made unless a draft of the order
25has been laid before, and approved by resolution of, each House of
Parliament.

(7) The meaning of “court” in this section is not limited by the definition of
that expression in section 130(1).”

17 Sharing information with overseas patent offices

(1) 30In section 118 of the Patents Act 1977 (information on patent applications etc.),
in subsection (3), after paragraph (a) (but before the following “or”) insert—

“(aa) sending any patent office outside the United Kingdom such
information about unpublished applications for patents as that
office requests;”.

(2) 35After that subsection insert—

“(3A) Information may not be sent to a patent office in reliance on subsection
(3)(aa) otherwise than in accordance with the working arrangements
that the comptroller has made for that purpose with that office.

(3B) Those arrangements must include provision for ensuring that the
40confidentiality of information of the kind referred to in subsection

(3)(aa) sent by the comptroller to the patent office in question is
protected.”

(3) After subsection (3B) insert—

“(3C) The reference in subsection (3)(aa) to a patent office is to an
5organisation which carries out, in relation to patents, functions of the
kind carried out at the Patent Office.”

18 Minor amendments to the Patents Act 1977

The Schedule (which makes minor amendments to the Patents Act 1977) has
effect.

10Part 3 Miscellaneous

19 Freedom of information: exemption for research

After section 22 of the Freedom of Information Act 2000, insert—

“22A Research

(1) 15Information obtained in the course of, or derived from, a programme of
research is exempt information if—

(a) the programme is continuing with a view to the publication, by
a public authority or any other person, of a report of the
research (whether or not including a statement of that
20information), and

(b) disclosure of the information under this Act before the date of
publication would, or would be likely to, prejudice—

(i) the programme,

(ii) the interests of any individual participating in the
25programme,

(iii) the interests of the authority which holds the
information, or

(iv) the interests of the authority mentioned in paragraph (a)
(if it is a different authority from that which holds the
30information).

(2) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection (1) if, or to the extent that,
compliance with section 1(1)(a) would, or would be likely to, prejudice
35any of the matters mentioned in subsection (1)(b).”

20 Reporting duty

(1) The Secretary of State must, before the end of the period of 6 months beginning
with the end of each financial year, lay before Parliament a report setting out—

(a) the Secretary of State’s opinion of the extent to which during that
40year—

(i) the activities of the Patent Office have contributed to the
promotion of innovation and of economic growth in the United
Kingdom, and

(ii) legislation relating to intellectual property has been effective in
5facilitating innovation and economic growth in the United
Kingdom, and

(b) how the promotion of innovation and of economic growth in the
United Kingdom was taken into account in the case of any legislation
relating to intellectual property that was passed or made during that
10year.

(2) The reference to the activities of the Patent Office is a reference to—

(a) the activities of the comptroller-general of patents, designs and trade
marks, and

(b) the activities of the officers and clerks of the Patent Office.

(3) 15The references to legislation relating to intellectual property do not include a
reference to legislation relating to plant breeders’ rights or rights under section
7 of the Plant Varieties Act 1997.

(4) “Financial year” means a period of 12 months ending with 31 March.

(5) “Legislation” includes—

(a) 20subordinate legislation within the meaning of the Interpretation Act
1978, and

(b) legislation of the European Union.

21 Recognition of foreign copyright works and performances

(1) In section 154 of the Copyright, Designs and Patents Act 1988 (qualification by
25reference to author), in subsection (1)—

(a) in paragraph (a), after “a British citizen,” insert “a national of another
EEA state,”,

(b) for paragraph (b) (but not the following “or”) substitute—

“(b) an individual domiciled or resident in the United
30Kingdom or another EEA state or in the Channel
Islands, the Isle of Man or Gibraltar or in a country to
which the relevant provisions of this Part extend,”, and

(c) for paragraph (c) substitute—

“(c) a body incorporated under the law of a part of the
35United Kingdom or another EEA state or of the Channel
Islands, the Isle of Man or Gibraltar or of a country to
which the relevant provisions of this Part extend.”

(2) In section 155 of that Act (qualification by reference to country of first
publication), in subsection (1)—

(a) 40in paragraph (a), after “the United Kingdom” insert “, another EEA
state, the Channel Islands, the Isle of Man or Gibraltar”, and

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

(3) In section 156 of that Act (qualification by reference to place of transmission),
in subsection (1)—

(a) 45in paragraph (a), after “the United Kingdom” insert “, another EEA
state, the Channel Islands, the Isle of Man or Gibraltar”, and

(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 to a country which is not
a party to the Berne Convention, the Rome Convention or the
WPPT or a member of the World Trade Organisation.

(5) Provision made under subsection (4)(b) may apply generally or in
relation to such classes of works, or other classes of case, as are
35specified.

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

(7) In this section—

• “the Berne Convention” means the Berne Convention for the
  Protection of Literary and Artistic Works signed at Berne on 9
  September 1986;

• 45“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;

Intellectual Property BillPage 20

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

(8) A statutory instrument containing an Order in Council under this
5section 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) 10another 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) 15In 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) of the definition of “qualifying
country” in subsection (1) to be subject to specified restrictions;

(b) 20amend the definition of “qualifying country” in subsection (1)
so as to add a country which is not a party to the Rome
Convention.

(5) A statutory instrument containing an Order in Council under this
section is subject to annulment in pursuance of a resolution of either
25House of Parliament.”

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

“(6) In 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) 30After 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
changes to international law in the area of performance rights.

(2) 35An 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 General

22 40Power 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
commencement of a provision of this Act or of provision made under
paragraph (a).

(2) 5An 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
this Act.

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

(a) 10an 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
the Scottish Parliament, an Act or Measure of the National Assembly
for Wales or Northern Ireland legislation,

15and 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
(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
20instrument 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
section containing (whether alone or with other provision) provision under
subsection (1)(a) is subject to annulment in pursuance of a resolution of either
25House of Parliament.

23 Commencement, extent and short title

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

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

(3) 30An amendment or repeal made by this Act has the same extent as the
enactment being amended or repealed.

(4) Section 20 extends to England and Wales, Scotland and Northern Ireland.

(5) Section 22 extends to England and Wales, Scotland, Northern Ireland and the
Isle of Man.

(6) 35This Act may be cited as the Intellectual Property Act 2013.

Section 18

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.”