§
64 Clause 37, page 31, line 20, leave out paragraph (b) and insert—
(b) his rights in the invention, or in any patent or application for a patent for the invention, have since the appointed day been assigned to the employer or an exclusive licence under the patent or application has since the appointed day been granted to the employer;
§ 65 Clause 37, page 31, line 27, leave out "was" and insert "is".
§ 66 Clause 38, page 32, line 15, after "above" insert "in relation to a patent for an invention",
§ 67 Clause 38, page 32, line 18, at end insert "or from the assignment, assignation or grant to a person connected with the employer of the property or any right in the invention or the property in, or any right in or under, an application for that patent."
§
68 Clause 38, page 32, line 21, after "of" insert—
(a)
§
69 Clause 38, page 32, line 22, after "patent insert" for the invention or an application for such a patent; or
(b) the property or any right in the invention;
§ 70 Clause 38, page 32, line 26, after "Crown" insert "or a Research Council",
§ 71 Clause 38, page 32, line 34, at end insert "or, as the case may be, a Research Council. In this subsection "Research Council means a body which is a Research Council for the purposes of the Science and Technology Act 1965."
§ 72 Clause 38, page 32, page 36, line 8, after "assistance" insert ",by the provision of opportunities",
§ 73 Clause 38, page 32, line 20, after third "the" insert "making",
§ 74 Clause 38, page 32, line 39, leave out "and Northern Ireland".
§ 75 line 43, leave out "or decree".
§ 76 Clause 40, page 35, line 21, after "representatives" insert or their successors in title ",
§ 77 Clause 40, page 35, line 23, leave out "but they may not assign that right",
§ 78 Clause 40, page 35, line 30, leave out "Taxes" and insert "Tax".
§ The LORD CHANCELLORMy Lords, with the leave of the House, I beg to move that this House doth agree with 1065 the Commons in their Amendments Nos. 64 to 78 en bloc, and, with the leave of the House, I shall also speak to Amendments Nos. 142, 143, 163 and 164. These Amendments all relate to Clauses 37 to 40, dealing with employees' inventions. They are all tidying-up Amendments not affecting the substance of the clauses in any way, and, unless any noble Lord wishes to raise a question upon an Amendment, I do not think that I need to trouble the House with discussing them in detail. I should, however, mention Amendments Nos. 76 and 77. Clause 40(6) previously provided that, where an employee died, his personal representatives might exercise his right to make an application for compensation, but the right was not assignable. The reason for this was that the Government felt that it was a right which should be personal to the deceased. However, in another place this provision was amended and the Government are content to accept that Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)
§ Lord LLOYD of KILGERRANMy Lords, I hope that it will not be unconstitutional if I briefly thank the other place for having put back substantially an Amendment which I raised at the Report stage. I indicated then that it was a technical, Chancery point. Therefore, it appears that I have must put the matter very badly. I can see that the Bar adviser on Chancery matters is looking at me. The matter was put far more clearly in the other place, which appears to appreciate Chancery points far better than this House.
The Earl of HALSBURYMy Lords, I should like to thank the Government for including Amendment No. 70, which is designed to give the employers of Research Councils the benefit of civil servant status. I raised this matter on a Government Amendment at Third Reading, and I am extremely grateful to the Government for having reacted to what I said then.
§ The LORD CHANCELLORMy Lords, I am grateful to the noble Earl for that kind acknowledgment. I can only congratulate the noble Lord, Lord Lloyd of Kilgerran, on the fact that once again 1066 he has been proved to be right and that the failure of noble Lords, including myself, to understand the full intricacies of his Chancery dialectic was put right in another place. It only goes to show how both Houses can achieve alterations and improvements in the law as a Bill goes through Parliament.
§ Lord LLOYD of KILGERRANMy Lords, may I thank the noble and learned Lord for his remarks.
§ On Question, Motion agreed to.