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Amendment Paper as at
Wednesday 14th July 2004

CONSIDERATION OF BILL


PATENTS BILL [LORDS], AS AMENDED

Costs and expenses in infringement proceedings etc

   

Ms Secretary Hewitt

NC1

To move the following Clause:—

    '(1)   Section 106 of the 1977 Act (costs and expenses in proceedings before the Court under s.40) is amended as follows.

    (2)   In subsection (1) (relevance of parties' financial position), for the words from "proceedings" to "the court)" there is substituted "proceedings to which this section applies".

    (3)   After that subsection there is inserted—

          "(1A)   This section applies to proceedings before the court (including proceedings on an appeal to the court) which are—

          (a) proceedings under section 40;

          (b) proceedings for infringement;

          (c) proceedings under section 70; or

          (d) proceedings on an application for a declaration or declarator under section 71."

          (4)   This section applies in relation to proceedings commenced on or after the commencement of this section.'.


   

Ms Secretary Hewitt

1

Page     8     [Clause     13],     leave out lines 3 to 5 and insert—

    '(6)   In relation to a decision of the comptroller whether to issue an opinion under this section—

      (a) for the purposes of section 101 below, only the person making the request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller; and

      (b) no appeal shall lie at the instance of any other person.'.


   

Ms Secretary Hewitt

2

Page     16,     line     28     [Schedule     3],     at end insert—

'In section 106, in the heading, the words "under s.40".'.


ORDER OF THE HOUSE [7th JUNE 2004]

That the following provisions shall apply to the Patents Bill [Lords]:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 17th June 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


PATENTS BILL [LORDS] (PROGRAMME) (NO. 2)

   

Ms Secretary Hewitt
Mr Peter Hain
That the Programme Order of 7th June 2004 in relation to the Patents Bill [Lords] be varied as follows—

Consideration and Third Reading

    1.   Paragraphs 4 and 5 (consideration and Third Reading) shall be omitted

    2.   Proceedings on consideration and Third Reading shall (so far as not previously concluded) be brought to a conclusion at 1.30 p.m on the day on which they are commenced.


 
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Prepared 14 Jul 2004