The Patents (Isle of Man) Order 2013

19.—(1) In section 60(5) (meaning of infringement), after paragraph (f) insert—

“(g) it consists of the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use;

(h) it consists of the use of an animal or animal reproductive material by a farmer for an agricultural purpose following a sale to the farmer, by the proprietor of the patent or with his consent, of breeding stock or other animal reproductive material which constitutes or contains the patented invention;

(i) it consists of—

(i) an act done in conducting a study, test or trial which is necessary for and is conducted with a view to the application of paragraphs 1 to 5 of article 13 of Directive 2001/82/EC or paragraphs 1 to 4 of article 10 of Directive 2001/83/EC, or

(ii) any other act which is required for the purpose of the application of those paragraphs.”.

(2) After section 60(6) insert—

“(6A) Schedule A1 contains—

(a) provisions restricting the circumstances in which subsection (5)(g) applies; and

(b) provisions which apply where an act would constitute an infringement of a patent but for subsection (5)(g).

(6B) For the purposes of subsection (5)(h), use for an agricultural purpose—

(a) includes making an animal or animal reproductive material available for the purposes of pursuing the farmer’s agricultural activity; but

(b) does not include sale within the framework, or for the purposes, of a commercial reproduction activity.

(6C) In paragraphs (g) and (h) of subsection (5) “sale” includes any other form of commercialisation.”.

(3) In section 60(7)—

(a) in the definitions of “relevant ship” and “relevant aircraft, hovercraft or vehicle”, after “1983” insert “or which is a member of the World Trade Organisation”;

(b) in the definition of “exempted aircraft”, for “section 53 of the Civil Aviation Act 1949” substitute “section 89 of the Civil Aviation Act 1982(1)”;

(c) at the end insert―

““Directive 2001/82/EC” means Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products as amended by Directive 2004/28 of the European Parliament and of the Council(2);

“Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, as amended by Directive 2002/98/EC of the European Parliament and of the Council, by Commission Directive 2003/63/EC and by Directives 2004/24/EC and 2004/27/EC of the European Parliament and of the Council(3).”.

(1)

1982 c.16.

(2)

OJ No. L311, 28.11.2001, p.1.

(3)

OJ No, L136, 30.4.2004, p.58.