§ 90 Clause 57, page 55, line 23, leave out "(other than the proprietor of the patent"),
§ 91 Clause 57, page 55, line 42, after "force" insert "and without the consent of the proprietor",
1069§ 92 Clause 57, page 55, line 43, leave out second "to",
§ 93 Clause 57, page 55, page 57, line 20, leave out "on" and insert "in",
§ 94 Clause 57, page 55, line 23, leave out (as revised by subsequent conventions) ".
§ 95 Clause 58, page 58, line 31, leave out sub-section (7).
§ 96 Clause 62, page 60, line 36, leave out "any such" and insert "the subsequent",
§
97 Clause 62, page 60, line 38, at beginning insert—
(1) In the application of section 57 above to a patent of which there are two or more joint proprietors the reference to the proprietor shall be construed—
§ 98 Clause 66, page 61, line 35, leave out sub-section (2) and section 72(5) "and insert subsections (2) and (3)",
§ 99 Clause 66, page 61, line 41, leave out "sub-section (2)" and insert "subsections (2) and (3)",
§
100 Clause 66, Page 62, line 11, at end insert—
(3) Section 59(2) and (3) above shall not apply to an infringement of the rights conferred by this section, but in considering the amount of any damages for such an infringement, the court or the comptroller shall consider whether or not it would have beeen reasonable to expect, from a consideration of the application as published under section 15 above, that a patent would be granted conferring on the proprietor of the patent protection from an act of the same description as that found to infringe those rights, and if the court or the comptroller finds that it would not have been reasonable, it or he shall reduce the damages to such amount as it or he thinks just.
§ 101 Clause 68, page 63, line 2, after first "declaration" insert "or declarator",
§ 102 Clause 68, page 63, line 9, leave out "the plaintiff or pursuer" and insert "that person",
§
103 Clause 68, page 63, line 15, at end insert—
(2) Subject to section 69(5) below, a declaration made by the comptroller under this section shall have the same effect as a declaration or declarator by the court.
Lord ORAMMy Lords, I beg to move that this House cloth agree with the Commons in their Amendments Nos. 90 to 103 en bloc, and, with the leave of the House, I shall speak to Amendment No. 188 at the same time. Again, there is a list of drafting Amendments which 1070 I shall indicate: they are Amendments Nos. 90, 92, 93, 94, 95, 96, 101, 102 and 103. Amendment No. 91 is more substantial. Subsection (2) is defective in failing to refer to lack of the proprietor's consent for an act falling within the subsection to constitute infringement. The Amendment cures this defect and brings the subsection into line with Article 30(1) of the Community Patent Convention.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Oram.)
§ Lord LYELLMy Lords, I do not believe that I heard the noble Lord, Lord Oram, say anything about Amendment No. 100. Therefore, I hope he will forgive me if I say a few words about it. After examination of the Amendment, it seems to me that the Government have allowed me this point. It was one which I pleaded at both the Committee and Report stages of the Bill. Indeed, the basis of my special pleading was that we should not allow our own national patents to give broader protection than the Community Patents Convention. Furthermore, the noble Lord, Lord Oram, explained with infinite patience, both at Committee stage and at Report stage, that he could not envisage these damages being anything other than reasonable. It is interesting and encouraging to find that the tail end of this Amendment provides the same amount of protection, no more and no less, as I sought at Report stage. If I am correct in my reasoning, I should like to thank and, indeed, to congratulate the Government and, of course, the noble Lord, Lord Oram.
Lord ORAMI acknowledge that the noble Lord is right in what he said, including his congratulations.
§ On Question, Motion agreed to.