HL Deb 02 November 1988 vol 501 c373

375 Schedule 5, page 180, line 11, leave out from beginning to 'subsection' and insert—

'8.—(1) Section 46 of the Patents Act 1977 (licences of right) is amended as follows.

(2) In subsection (3)(c) (undertaking to take licence in infringement proceedings) after the words "(otherwise than by the importation of any article" insert "from a country which is not a member state of the European Economic Community".

(3) After'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 375. This is a necessary consequence of a decision by the European Court of Justice earlier this year that present law on patent licences of right is contrary to the EC treaty.

Moved, That the House do agree with the Commons in their Amendment No. 375.—(Lord Strathclyde.)

On Question, Motion agreed to.