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Crown Proceedings Act 1947
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[F13 Infringement of intellectual property rightsU.K.
(1)Civil proceedings lie against the Crown for an infringement committed by a servant or agent of the Crown, with the authority of the Crown, of—:
(a)a patent,
(b)a registered trade mark F2. . .,
(c)the right in a registered design,
(d)design right, or
(e)copyright;
but save as provided by this subsection no proceedings lie against the Crown by virtue of this Act in respect of an infringementof any of those rights.
(2)Nothing in this section, or any other provision of this Act, shall be construed as affecting—
(a)the rights of a government department [F3or any part of the Scottish Administration]under section 55 of the Patents Act 1977, Schedule 1 to the Registered Designs Act 1949 or section 240 of the Copyright, Designs and Patents Act 1988 (Crown use of patents and designs),or
(b)the rights of the Secretary of State under section 22 of the Patents Act 1977 or section 5 of the Registered Designs Act 1949 (security of information prejudicial to defence or public safety).]
Textual Amendments
F1S. 3 substituted by Copyright, Designs and Patents Act 1988 (c.48, SIF 67A), s.303(1), Sch. 7 para. 4(1)(2)
F2Words in s. 3(1)(b) repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2
F3Words in s. 3(2)(a) inserted (20.5.1999) by S.I. 1999/1042, art. 4, Sch. 2, Pt. I para. 4(3); S.I. 1998/3178, art. 2(2), Sch. 4
Modifications etc. (not altering text)
C1S. 3(1)(b) amended (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 1(2); S.I. 1994/2550, art. 2
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