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Crown Proceedings Act 1947
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3Provisions as to industrial property.
(1)Where after the commencement of this Act any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright (including, any copyright in a design subsisting under the Patents and Designs Acts, 1907 to 1946), and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall he against the Crown.
(2)Nothing in the preceding subsection or in any other provision of this Act shall affect the rights of any Government department under section twenty-nine or section fifty-eight A of the [7 Edw. 7. c. 29.] Patents and Designs Act, 1907, or the rights of the Minister of Supply under section twelve of the [9 & 10 Geo. 6. c. 80.] Atomic Energy Act 1946.
(3)Save as expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Act in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright as is mentioned in subsection (1) of this section.
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