§ For Section twenty-seven of the Patents and Designs Act, 1907 (hereinafter referred to as the principal Act), the following Section shall be substituted:
§ 27.—(l) Any person interested may at any time apply to the comptroller alleging in the case of any patent that there has been an abuse of the monopoly rights thereunder and asking for relief under this Section.
§ (3) On being satisfied that a case of abuse of the monopoly rights under a patent has been established, the comptroller may exercise any of the following powers as he may deem expedient in the circumstances:
§ (b)He may order the grant to the applicant of a licence on such terms as the comptroller may think expedient, including a term precluding the licensee from importing into the United Kingdom any goods the importation of which, if made by persons other than the patentee or persons claiming under him, would be an infringement of the patent, and in such case the patentee and all licensees for the time being shall be deemed to have mutually covenanted against such importation. A licensee under this paragraph shall be entitled to call upon the patentee to take proceedings to prevent infringement of the patent, and if the patentee refuses, or neglects to do so within two months after being so called upon, the licensee may institute proceedings for infringement in his own name as though he were the patentee, making the patentee a defendant:
§ (c) if the comptroller is of opinion that the objects of this Section will be best attained by making no order, he may refuse the application and dispose of any question as to costs thereon as he thinks just.
§ (8) The comptroller shall consider the matters alleged in the application and declarations, and if satisfied that the applicant has a bonâ fide interest and that a primâ facie case for relief has been made out he shall direct the applicant to serve copies of the application and declarations upon the patentee and upon any other persons appearing on the register to be interested in the patent, and shall advertise the application in the Ilustrated Official Journal (Patents).
§ (9) If the patentee or any person is desirous of opposing the granting of any relief under this 598 Section, he shall within such time as may be allowed by the comptroller, or within such extended time as the comptroller may on application further allow, deliver to the comptroller a counter statement verified by a statutory declaration fully setting out the grounds on which the application is to be opposed."
§
Lords Amendment: Sub-section (3, b) after the word "defendant," insert the words
A patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. Service on him may be effected by leaving the writ at his address for service given on the register.
§ Lords Amendment read a second time.
§ The SOLICITOR - GENERAL (Sir Ernest Pollock)I beg to move, "That this House doth agree with the Lords in the said Amendment."
§ This Amendment really gives to a person who has been named in legal proceedings as the nominal defendant an immunity from costs unless he has taken such a part as brings him within the ambit of our ordinary procedure. It is in the interests of poor persons.
§ In Subsection (8), leave out the word "on," and insert instead thereof the word "from."—Agreed to.
§ In Sub-section (9), leave out the words "allowed by the comptroller," and insert instead thereof the word "prescribed."—Agreed to.