HC Deb 22 July 1977 vol 935 c2082
Mr. Clinton Davis

I beg to move Amendment No. 25, in page 56, line 2, leave out 'knows' and insert has been informed

Mr. Deputy Speaker

With this we may take Government Amendments No. 26 and 27.

Mr. Davis

Clause 57(8) specifies that where there is an exclusive licensee any determination by the court of an amount of payment in respect of Crown user of the invention shall be of no effect unless the licensee knows of the reference to the court and is given an opportunity to be heard. Proof of knowledge may, however, be difficult to establish. Proof of notification, on the other hand, should always be possible if it has, in fact, taken place. The amendment therefore requires that the licensee should have been informed, as opposed to "knowing", of the reference. That, moreover, is consistent with the provisions in legal procedure as to notification of court proceedings in other respects. The other amendments concern drafting matters.

Amendment agreed to.

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