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(1)Section 106 of the 1977 Act (costs and expenses in proceedings before the Court under s. 40) is amended as follows.
(2)In subsection (1) (relevance of parties' financial position), for the words from “proceedings” to “the court)” there is substituted “proceedings to which this section applies”.
(3)After that subsection there is inserted—
“(1A)This section applies to proceedings before the court (including proceedings on an appeal to the court) which are—
(a)proceedings under section 40;
(b)proceedings for infringement;
(c)proceedings under section 70; or
(d)proceedings on an application for a declaration or declarator under section 71.”
(4)This section applies in relation to proceedings commenced on or after the commencement of this section.
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