§ Amendments reported (according to Order).
§ Clause 1 [Mention of inventor as such in patent]:
§
LORD TEMPLEMORE moved to insert the following new subsection:
(11) The mention of a claimant in a patent in pursuance of this section shall not confer, or derogate from, any rights under the patent.
§ The noble Lord said: My Lords, representations have been made that it is open to doubt whether a person who may be mentioned as the inventor in the patent under the provisions of this clause thereby obtains any rights in the patent itself. This has never been the intention, and the purpose of the new subsection is to make clear that he obtains no such rights.
§
Amendment moved—
Page 3, line 43, at end insert the said new subsection.—(Lord Templemore.)
§ On Question, Amendment agreed to.
§ Clause 11:
§ Amendment of s. 5 of Merchandise Marks Act. 1887.
§
11. Section five of the Merchandise Marks Act, 1887, as amended by any subsequent enactment, shall have effect as if there were inserted after subsection (2) thereof the following subsections—
(2A) Goods delivered in pursuance of a request made by reference to a trade description contained in any sign, advertisement, invoice, wine list, business letter, business paper or other commercial communication, shall, for the purposes of paragraph (d) of subsection (1) of this section, be deemed to be goods in connection with which the trade description is used.
§ LORD TEMPLEMORE moved, after "Merchandise Marks Act, 1887," to insert "which relates, among other matters, to the application of a trade mark or trade description to goods by the use of the mark or description in a manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by the mark or description." The noble Lord said: My Lords, this is purely drafting. It is thought that comprehension of the clause will be facilitated by this description of the relevant provision of Section five of the Merchandise Marks Act, 1887.
§
Amendment moved—
Page 8 line 2, at end, insert the said words.—(Lord Templemore.)
§ On Question, Amendment agreed to.
§ LORD TEMPLEMOREMy Lords, the last three Amendments on the Paper deal with a single point. It has been represented that trade marks should be mentioned in this clause as well as trade descriptions. The provision of the Merchandise Marks Act, 1887, which is here in question, deals with trade marks and trade descriptions without distinction; and it is therefore suggested that a reference to trade marks should be included in the clause.
§
Amendment moved—
Page 8, line 7, after ("a"), insert ("trade mark or").—(Lord Templemore.)
§ On Question, Amendment agreed to.
§ Amendments moved—
§ Page 8, line 8, leave out ("contained") and insert ("appearing")
§ Page 8, line 13, after ("the") insert ("trade mark or").—(Lord Templemore.)
§ On Question, Amendments agreed to.