105 Extension of privilege in Scotland for communications relating to patent proceedings.U.K.
[F1(1)It is hereby declared that in Scotland the rules of law which confer privilege from disclosure in legal proceedings in respect of communications, reports or other documents (by whomsoever made) made for the purpose of any pending or contemplated proceedings in a court in the United Kingdom extend to communications, reports or other documents made for the purpose of patent proceedings.]
[F2(2)In this section—
“patent proceedings” means proceedings under this Act or any of the relevant conventions, before the court, the comptroller or the relevant convention court, whether contested or uncontested and including an application for a patent; and
“the relevant conventions” means the European Patent Convention, F3... and the Patent Co-operation Treaty.]
Textual Amendments
F1S. 105: the existing text is renumbered as s. 105(1) and the words “within the meaning of section 104 above” are repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), ss. 303(1), 303(2), Sch. 7 para. 21, Sch. 8
F2S. 105(2) inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 21
F3Words in s. 105(2) repealed (1.1.2005) by Patents Act 2004 (c. 16), s. 17(1), Sch. 2 para. 22, Sch. 3; S.I. 2004/3205, art. 2(g)(k) (with art. 9)