HL Deb 27 July 1977 vol 386 cc1066-7

79 Clause 41, page 36, line 39, leave out "him" and insert "that other party".

80 Clause 42, page 37,1ine 31, at end insert— (2A) If on an application under this subsection made by either party to a contract or licence falling within subsection (1) above, the court is satisfied that, in consequence of the patent or patents concerned ceasing to be in force, it would be unjust to require the applicant to continue to comply with all the terms and conditions of the contract or licence, it may make such order varying those terms or conditions as, having regard to all the circumstances of the case, it thinks just as between the parties. (2B) Without prejudice to any other right of recovery, nothing in subsection (1) above shall be taken to entitle any person to recover property bailed under a hire-purchase agreement (within the meaning of the Consumer Credit Act 1974) ".

81 Clause 45, page 41, line 15, after "being" insert "so".

82 Clause 50, page 45, line 39, leave out subsection (2).

83 Page 46, line 19, leave out from "treaty" to end of line 20 and insert "or international convention to which the United Kingdom is a party".

84 Clause 51, page 46, line 33, after "to" insert "that in".

Lord ORAM

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 79 to 84 en bloc, and, with the leave of the House, I shall speak to Amendment No. 166 at the same time. There are a number of drafting Amendments in this group: they are Amendments Nos. 79, 81, 83 and 84. Amendment No. 80 is of more substance. The City of London Solicitors' Company has pointed out that Clause 42(1) provides only for the determination of such terms of the contract between the patentee and customer, or the licence agreement between the patentee and licensee, as relate to the patented product or patented invention. Such contracts and licences, they say, often deal with other matters like know-how, trade mark rights, design rights or copyright, and the obligations undertaken in respect of these would still continue in force; but those obligations, when considered in isolation, might no longer be fair. Accordingly, the new subsection empowers the court to vary those other terms in such a way as, having regard to all the circumstances, is just.

In relation to Amendment No. 82, all I need to say is that this Amendment paves the way for Amendment No. 166, which defines the effect of a licence granted by the comptroller under any of the provisions of the Bill under which he has that power. The effect of the new clause would be to make the provision of Clause 50(2) superfluous.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Oram.)

On Question, Motion agreed to.