ANNEX
SUMMARY OF PROVISIONS IN THE INTERGOVERNMENTAL AGREEMENT REQUIRING UK
LEGISLATION
1.
In the following cases, UK interests would be disadvantaged in the
absence of legislation:
ESA member states may extend their national jurisdiction for
the purpose of patent infringement to activities in or on ESA
registered space station flight elements. Otherwise such
infringements would be deemed to have occurred and be subject
only to jurisdiction in the territory where the element is
registered, most likely to be France;
any participating state may exercise criminal jurisdiction
over the flight elements they provide and over their own
national personnel on the space station. If the UK does not
extend its criminal jurisdiction, British elements and
personnel could be subject to US jurisdiction.
2. Following the extension of national jurisdiction.changes in the
existing patent legislation would be required if the UK were to avoid
the risk of being in breach of the Agreement. These would cover:
a requirement that, when claiming damages for patent
infringement on an ESA - registered element, a person may not
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