§ 171 Page 73, line 1, leave out 'means' and insert 'includes'.
§ 172 Page 73, line 2, leave out from 'having' to end of line 3 and insert 'authority to decide any matter affecting a person's legal rights or liabilities'.
§ Lord StrathclydeMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 171 and 172. Clause 45 of the Bill provides that copyright is not infringed by anything done for the purposes of judicial proceedings. These were defined in Clause 168 as proceedings before any court, tribunal or person having power to hear, receive and examine evidence on oath.
There is however a danger that this wording would not catch proceedings before the European Patent Office. Yet it is obviously right that EPO proceedings should be treated as judicial. The EPO may receive sworn written evidence but it cannot hear sworn oral evidence. The co-operation of a national court is needed for that.
These amendments remove reliance on oath as the criterion by which to assess whether or not proceedings are to be treated as judicial. Proceedings before any body which has the authority to determine rights and liabilities should have the benefit of Clause 45. These amendments will achieve that. I commend the amendments to the House.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 171 and 172.—(Lord Strathclyde.)
§ On Question, Motion agreed to.