HL Deb 02 November 1988 vol 501 cc334-5

213 After Clause 216, insert the following new clause—

'Jurisdiction of County Court and Sheriff Court: Part III.

.—(1) In England, Wales and Northern Ireland a county court may entertain proceedings under—

section 215 (order for delivery up of infringing article, &c.),

section (Order as to disposal of infringing article, &c.) (order as to disposal of infringing article, &c.), or

section 219(5) (application by exclusive licensee having concurrent rights),

where the value of the infringing articles and other things in question does not exceed the county court limit for actions in tort.

(2) In Scotland proceedings for an order under any of those provisions may be brought in the sheriff court.

(3) Nothing in this section shall be construed as affecting the jurisdiction of the High Court or, in Scotland, the Court of Session.'.

214 Clause 218, page 94, line 21, leave out subsection (2) to (4) and insert—

'(2) His rights and remedies are concurrent with those of the design right owner; and references in the relevant provisions of this Part to the design right owner shall be construed accordingly.'.

215 Clause 219, page 95, line 10, at end insert—

'(5) The design right owner shall notify any exclusive licensee having concurrent rights before applying for an order under section 215 (order for delivery up of infringing article, &c.); and the court may on the application of the licensee make such order under that section as it thinks fit having regard to the terms of the licence.'.

216 Clause 221, page 95, line 20, leave out 'any act' and insert 'anything'.

217 Clause 222, page 95, line 36, leave out subsections (1) to (4) and insert—

'(1) Where the matters specified in a report of the Monopolies and Mergers Commission as being those which in the Commission's opinion operate, may be expected to operate or have operated against the public interest include—

  1. (a) conditions in licences granted by a design right owner restricting the use of the design by the licensee or the right of the design right owner to grant other licences, or
  2. (b) a refusal of a design right owner to grant licences on reasonable terms, the powers conferred by Part I of Schedule 8 to the Fair Trading Act 1973 (powers exercisable for purpose of remedying or preventing adverse effects specified in report of Commission) include power to cancel or modify those conditions and, instead or in addition, to provide that licences in respect of the design right shall be available as of right.

(2) The references in sections 56(2) and 73(2) of that Act, and sections 10(2)(b) and 12(5) of the Competition Act 1980, to the powers specified in that Part of that Schedule shall be construed accordingly.'.

218 Page 97, line 7, leave out 'an order under'.

219 Clause 223, page 97, leave out line 12 and insert 'agreed or, in default of agreement, settled by the comptroller under that section—'.

220 Page 97, line 14, leave out 'the forfeiture of any articles' and insert 'delivery up'.

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 213 to 220 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 213 to 220 en bloc.—(Lord Young of Graffham.)

On Question, Motion agreed to.