1964_REGISTRATION_OF_PATENTS_ORDINANCE — Page 8

1979 Ed.]

Registration of Patents

[CAP. 42

7

(2) In any proceedings under this section in which the Attorney General represents the Crown or the Government, the Attorney General may-

(a) if the person entitled under the relevant certificate of regis- tration to the privileges and rights conferred thereby is a party to the proceedings, apply for a declaration, on any of grounds upon which such a declaration may be made under section 8, that the exclusive privileges and rights conferred by such certificate of registration have not been acquired; (b) in any case, put in issue the validity of the certificate without

applying for such a declaration as aforesaid.

(3) If in such proceedings as aforesaid any question arises whether an invention has been recorded or tried as mentioned in sec- tion 7B, and the disclosure of any document recording the invention, or of any evidence of the trial thereof, would in the opinion of the Governor be prejudicial to the public interest, the disclosure may be made confidentially to counsel for the other party or to an independ- ent expert mutually agreed upon.

(4) In determining under this section any dispute between the Government and any person as to terms for the use of an invention for the services of the Crown, the court shall have regard to any benefit or compensation which that person or any person from whom he derives title may have received, or may be entitled to receive, directly or indirectly from the Government in respect of the inven- tion in question.

(5) In any proceedings under this section the court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to a special referee or an arbitrator on such terms as the court may direct; and references to the court in the foregoing provisions of this section shall be construed accordingly. (Added, 24 of 1968, s. 2)

8. (1) The High Court shall have power, upon the applica- tion of any person who alleges that his interests have been prejudi- cially affected by the issue of a certificate of registration, to declare, on any of the grounds upon which the patent might be revoked or treated as revoked under the law for the time being in force in the United Kingdom, that the exclusive privileges and rights conferred by such certificate of registration have not been acquired. (Amended, 25 of 1979, s. 10)

(2) Such grounds shall be deemed to include the manufacture, use or sale of the invention in the Colony before the priority date applicable to the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention in the Colony by some person or persons after the priority date applicable to the patent in the United Kingdom and before the date of the issue of the certificate of registration under section 5. (Replaced, 27 of 1958, s. 5. Amended, 25 of 1979, s. 10)

Power to

declare exclusive privileges not acquired.