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109. (1.) Proceedings in Scotland for revocation 109-111. of a patent shall be in the form of an action of re
Proceedings for revocation of patent
tion of remedies
duction at the instance of the Lord Advocate, or at the instance of a party having interest with his concurrence, which concurrence may be given on just cause shown only.
(2.) Service of all writs and summonses in that action shall be made according to the forms and practice existing at the commencement of this Act.
As to procedure in an action of reduction, see Mackay's Court of Session Practice, II. p. 120; and as to concurrence of Lord Advocate, see ibid., p. 164.
As to the definition of "Court" in Scotland, see sect. 111.
110. All parties shall, notwithstanding anything in this Act, have in Ireland their remedies under or in Ireland. in respect of a patent as if the same had been granted to extend to Ireland only.
General saving for
tion of courts.
Proceedings may, under this section, be taken in Ireland for acts of infringement there committed.
For definition of "Court" in Ireland, see next section.
111. (1.) The provisions of this Act, conferring a jurisdic special jurisdiction on the Court as defined by this Act (a), shall not, except so far as the jurisdiction extends, affect the jurisdiction of any Court in Scotland or Ireland in any proceedings relating to patents or to designs or to trade marks; and with reference to any such proceedings in Scotland, the term "the Court" shall mean any Lord Ordinary of the Court of Session, and the term "Court of Appeal" shall mean either Division of the said Court; and with reference to any such proceedings in Ireland, the terms "the Court" and "the Court of Appeal" respectively mean the High Court of
(a) See sect. 117.
Justice in Ireland and Her Majesty's Court of Appeal Sects. in Ireland. 111, 112.
(2.) If any rectification of a register under this Act is required in pursuance of any proceeding in a Court in Scotland or Ireland, a copy of the order, decree, or other authority for the rectification, shall be served on the comptroller, and he shall rectify the register accordingly (a).
This section reserves to the Courts in Scotland and Ireland their jurisdiction in proceedings relating to patents, designs, and trade marks.
112. This Act shall extend to the Isle of Man, Isle of and(1.) Nothing in this Act shall affect the jurisdiction of the Courts in the Isle of Man, in proceedings for infringement, or in any action or proceeding respecting a patent, design, or trade mark competent to those Courts;
(2.) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding one hundred pounds, at the discretion of the Court;
(3.) Any offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offences punishable on summary conviction may for the time being be prosecuted.
(See Patents Rules, 71; Trade Marks Rules, 44; Designs Rules, 24.
Sects. 113, 114.
Repeal; Transitional Provisions; Savings,
113. The enactments described in the third schesaving for dule to this Act are hereby repealed. But this repeal of enactments shall not
past operation of
(a.) Affect the past operation of any of those enactments, or any patent or copyright, or right to use a trade mark granted or acquired, or application pending, or appointment made, or compensation granted, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act; or
(b.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had not been passed; or
(c.) Take away or abridge any protection or benefit in relation to any such action or proceeding.
See also sect. 45, as to provisions regarding existing patents and applications pending at the commencement of the Act.
114. (1.) The registers of patents and of proregisters to prietors kept under any enactment repealed by this continued. Act shall respectively be deemed parts of the same book as the register of patents kept under this Act.
(2.) The registers of designs and of trade marks kept under any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of designs and the register of trade marks kept under this Act.
115. All general rules made by the Lord Chan- Sects. 115-117. cellor or by any other authority under any enactment repealed by this Act, and in force at the com- Saving for existing mencement of this Act, may at any time after the rules. passing of this Act be repealed, altered, or amended by the Board of Trade, as if they had been made by the Board under this Act, but so that no such repeal, alteration, or amendment shall take effect before the commencement of this Act; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act.
All general rules made under the Patent Law Amendments Acts, the Copyrights of Designs Acts, and the Trade Marks Registration Acts, 1875, and in force on the 31st December, 1883, have been repealed, without prejudice to any proceeding which may have been taken. under such rules. See Patents Rules, 78; Designs Rules, 37; Trade Marks Rules, 60.
116. Nothing in this Act shall take away, abridge, Saving for or prejudicially affect the prerogative of the Crown in tive. relation to the granting of any letters patent or to the withholding of a grant thereof.
117. (1.) In and for the purposes of this Act, unless General the context otherwise requires,
"Person" includes a body corporate :
"The Court" means (subject to the provisions for Scotland (a), Ireland (a), and the Isle of Man (3)) Her Majesty's High Court of Justice in England:
Law officer" means Her Majesty's Attorney-General or Solicitor-General for England:
Sect. 117. "The Treasury" means the Commissioners of Her
Majesty's Treasury :
"Comptroller" means the Comptroller-General of Patents, Designs, and Trade Marks:
"Prescribed" means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act:
"British possession" (a) means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all territories and places under one legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act:
"Legislature" includes any person or persons who exercise legislative authority in the British possession; and where there are local legislatures as well as a central legislature, means the central legislature only.
In the application of this Act to Ireland, "summary conviction" (6) means a conviction under the Summary Jurisdiction Acts, that is to say, with reference to the Dublin Metropolitan Police District the Acts regulating the duties of justices of the peace and of the police for such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending it.
(a) See sect. 104.
(8) See sects. 105, 106.