Patents Act 1977

Section 132.

SCHEDULE 5 Consequential Amendments

Crown Proceedings Act 1947 (c. 44)

1 In section 3 of the Crown Proceedings Act 1947, for subsection (2) there shall be substituted:—

“(2) Nothing in the preceding subsection or in any other provision of this Act shall affect the rights of any Government department under Schedule 1 to the Registered Designs Act 1949 or section 55 of the Patents Act 1977, or the rights of the Secretary of State under section 22 of the said Act of 1977.”

Registered Designs Act 1949 (c. 88)

2 In section 32(1) of the Registered Designs Act 1949—

(a) in paragraph (a), for " the Patents Act 1949 " there shall be substituted " the Patents Act 1977 "; and

(b) in paragraph (c), after " 1949 " there shall be inserted " or section 114 of the Patents Act 1977 ".

3 In sections 42 and 44(1) of the Registered Designs Act 1949, for " the Patents Act 1949 " there shall be substituted, in each case, " the Patents Act 1977 ".

Defence Contracts Act 1958 (c. 38)

4 In subsection (4) of section 4 of the Defence Contracts Act 1958, for the words from " Patents Act 1949 " to the end there shall be substituted " Patents Act 1977 ".

Administration of Justice Act 1970 (c. 31)

5 (1) In subsections (2) and (3) of section 10 of the Administration of Justice Act 1970 for "either" there shall be substituted, in each case, " the ".

(2) In subsection (4) of the said section 10, for " (as so amended)" there shall be substituted " (as amended by section 24 of the Administration of Justice Act 1969) ".

(3) For subsection (5) of the said section 10, there shall be substituted:—

“(5) In subsection (8) of the said section 28 (which confers power on the Tribunal to make rules about procedure etc.), there shall be inserted at end of the subsection the words " including right of audience”.

Atomic Energy Authority (Weapons Group) Act 1973 (c. 4)

6 In section 5(2) of the Atomic Energy Authority (Weapons Group) Act 1973—

(a) after the first " Patents Act 1949 " there shall be inserted " , the Patents Act 1977 " ; and

(b) after the second " Patents Act 1949 " there shall be inserted " section 55(4) of the Patents Act 1977 ".

Fair Trading Act 1973 (c. 41)

7 (1) In paragraph 10 of Schedule 4 to the Fair Trading Act 1973 for "Patents Act 1949" there shall be substituted " Patents Act 1977 ".

(2) After the said paragraph 10 there shall be inserted:—

“10A The services of persons carrying on for gain in the United Kingdom the business of acting as agents or other representatives of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings in connection with such patents before the European Patent Office or the comptroller and whose names appear on the European list (within the meaning of section 84(7) of the Patents Act 1977) in their capacity as such persons.”

Restrictive Trade Practices Act 1976 (c. 34)

8 (1) In paragraph 10 of Schedule 1 to the Restrictive Trade Practices Act 1976, for " the Patents Act 1949 " there shall be substituted " the Patents Act 1977 ".

(2) After the said paragraph 10 there shall be inserted:—

“10A The services of persons carrying on for gain in the United Kingdom the business of acting as agents or other representatives of other persons for the purpose of applying for or obtaining European patents or for the purpose of conducting proceedings in connection with such patents before the European Patent Office or the comptroller and whose names appear on the European list (within the meaning of section 84(7) of the Patents Act 1977), in their capacity as such persons.”