(1)In this Act [F3a “compulsory pharmaceutical] licence” means a compulsory licence granted under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (referred to in this Act as “the Compulsory Licensing Regulation”).
(2)In the application to [F4compulsory pharmaceutical] licences of the provisions of this Act listed in subsection (3)—
(a)references to a licence under a patent,
(b)references to a right under a patent, and
(c)references to a proprietary interest under a patent,
include [F5a compulsory pharmaceutical] licence.
(3)The provisions referred to in subsection (2) are—
sections 32 and 33 (registration of patents etc);
section 37 (determination of right to patent after grant);
section 38 (effect of transfer etc of patent under section 37), apart from subsection (2) and subsections (3) to (5) so far as relating to subsection (2);
section 41 (amount of compensation);
section 46(2) (notice of application for entry that licences are available as of right);
section 57(1) and (2) (rights of third parties in respect of Crown use).
(4)In the following provisions references to this Act include the Compulsory Licensing Regulation—
sections 97 to 99B, 101 to 103, 105 and 107 (legal proceedings);
section 119 (service by post);
section 120 (hours of business and excluded days);
section 121 (comptroller’s annual report);
section 123 (rules);
section 124A (use of electronic communications);
section 130(8) (disapplication of Part 1 of Arbitration Act 1996).
(5)In section 108 (licences granted by order of comptroller) the reference to a licence under section 11, 38, 48 or 49 includes [F6a compulsory pharmaceutical] licence.
(6)References in this Act to the Compulsory Licensing Regulation are to that Regulation as amended from time to time.]
Textual Amendments
F1Words in s. 128A heading substituted (31.12.2020) by S.I. 2019/801, reg. 3(a) (as substituted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 27)
F2Ss. 128A, 128B inserted (17.12.2007) by The Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007 (S.I. 2007/3293), regs. 1(2), 2(2)
F3Words in s. 128A(1) substituted (31.12.2020) by S.I. 2019/801, reg. 3(b) (as substituted by The Intellectual Property (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1050), regs. 1(2), 27)
F4Words in s. 128A(2) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 3(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 128A(2) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 3(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in s. 128A(5) substituted (31.12.2020) by The Patents (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/801), regs. 1, 3(d); 2020 c. 1, Sch. 5 para. 1(1)