Competition Act 1980

14 Applications by Crown concerning patents

(1) After subsection (2) of section 51 of the [1977 c. 37.] Patents Act 1977 (application by Crown in cases of monopoly or merger) there shall be inserted the following subsection: —

“(2A) Where—

(a) on a reference under section 5 of the Competition Act 1980, a report of the Commission, as laid before Parliament, contains conclusions to the effect that—

(i) any person was engaged in an anti-competitive practice in relation to a description of goods which consist of or include patented products or in relation to a description of services in which a patented product or process is used, and

(ii) that practice operated or might be expected to operate against the public interest; or

(b) on a reference under section 11 of that Act, such a report contains conclusions to the effect that—

(i) any person is pursuing a course of conduct in relation to such a description of goods or services, and

(ii) that course of conduct operates against the public interest,

the appropriate Minister or Ministers may, subject to subsection (3) below, apply to the comptroller for relief under subsection (5A) below in respect of the patent.”.

(2) In subsection (3) of that section (publication of details of proposed applications under subsection (1) or (2) of that section) for the words " subsection (1) or (2)" there shall be substituted the words " subsection (1). (2) or (2A) ".

(3) After subsection (5) of that section there shall be inserted the following subsection: —

“(5A) If on an application under subsection (2A) above it appears to the comptroller that the practice or course of conduct in question involved or involves the imposition of any such condition as is mentioned in paragraph (a) of subsection (4) above or such a refusal as is mentioned in paragraph (b) of that subsection, the comptroller may by order cancel or modify any such condition or may, instead or in addition, make an entry in the register to the effect that licences under the patent are to be available as of right”.