45 Exceptions in relation to intellectual property rights

(1)

Nothing in this Part, except sections 36, 36A, 37, and 38, applies—

(a)

to the entering into of a contract or arrangement or arriving at an understanding in so far as it contains a provision authorising any act that would otherwise be prohibited by reason of the existence of a statutory intellectual property right; or

(b)

to any act done to give effect to a provision of a contract, arrangement, or understanding referred to in paragraph (a).

(2)

For the purposes of subsection (1), a statutory intellectual property right means a right, privilege, or entitlement that is conferred, or acknowledged as valid, by or under—

(a)
(b)
(d)

(3)

For the purposes of subsection (2),—

(a)

a person who has applied for a patent in accordance with the Patents Act 2013 and filed the complete specification in relation to the application shall, until the application is determined, be deemed to have been granted the patent to which the application relates:

(b)

a person who has made an application for the registration of a design in accordance with section 7 of the Designs Act 1953 shall, until the application is determined, be deemed to be the registered proprietor of the design:

(c)

a person who has made an application in accordance with section 32 of the Trade Marks Act 2002 for registration of a trade mark shall, until the application is determined, be deemed to be the registered proprietor of the trade mark:

(d)

a person who has made an application in accordance with section 5 of the Plant Variety Rights Act 1987 shall, until the application is determined, be deemed to have been granted the plant variety rights to which the application relates.

Section 45: substituted, on 1 January 1995, by section 42(1) of the Layout Designs Act 1994 (1994 No 116).

Section 45(2)(a): replaced, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 45(2)(c): substituted, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).

Section 45(2)(d): substituted, on 1 January 1995, by section 236(1) of the Copyright Act 1994 (1994 No 143).

Section 45(3)(a): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 45(3)(c): amended, on 20 August 2003, by section 201 of the Trade Marks Act 2002 (2002 No 49).