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Patents Act 1977

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This is the original version (as it was originally enacted).

88Jurisdiction in legal proceedings in connection with Community Patent Convention

(1)For the purposes of the application in the United Kingdom of Article 69 of the Community Patent Convention (residence of a party as founding jurisdiction in actions for infringement, etc.) the residence of a party shall be determined in accordance with the following provisions of this section until such date as the Secretary of State may by order appoint for the repeal of those provisions.

(2)For the purpose of determining whether a person is resident in any part of the United Kingdom the court shall apply the law of that part of the United Kingdom.

(3)A company within the meaning of the Companies Act 1948 shall be treated for the purposes of subsection (2) above as resident in that part of the United Kingdom where its registered office is situated or where it has a principal place of business.

(4)Any other body corporate or any unincorporated body of persons shall be so treated as resident in that part of the United Kingdom where it has a principal place of business.

(5)Where any body has a-principal place of business in two or more parts of the United Kingdom it shall be so treated as resident in all those parts.

(6)If the court determines that a person is not resident in the United Kingdom, then, in order to determine whether he is resident in a country which is a party to the Community Patent Convention the court shall, except in a case falling within subsection (7) below, apply the law which would be applied by the courts of that country in order to found jurisdiction under that convention.

(7)The question whether a person is to be taken for the purposes of this section as resident in the United Kingdom or any other country shall be determined in accordance with the law of that country of which he is a citizen if by that law his residence depends on that of another person or on the location of an authority.

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