Section 128A Compulsory pharmaceutical licencesF6F1

In this Act F2a “compulsory pharmaceutical licence” means a compulsory licence granted under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (referred to in this Act as “the Compulsory Licensing Regulation”).

In the application to F3compulsory pharmaceutical licences of the provisions of this Act listed in subsection (3)—

include F4a compulsory pharmaceutical licence.

The provisions referred to in subsection (2) are—

• sections 32 and 33 (registration of patents etc);

• section 37 (determination of right to patent after grant);

• section 38 (effect of transfer etc of patent under section 37), apart from subsection (2) and subsections (3) to (5) so far as relating to subsection (2);

• section 41 (amount of compensation);

• section 46(2) (notice of application for entry that licences are available as of right);

• section 57(1) and (2) (rights of third parties in respect of Crown use).

In the following provisions references to this Act include the Compulsory Licensing Regulation—

• sections 97 to 99B, 101 to 103, 105 and 107 (legal proceedings);

• section 119 (service by post);

• section 120 (hours of business and excluded days);

• section 121 (comptroller’s annual report);

• section 123 (rules);

• section 124A (use of electronic communications);

• section 130(8) (disapplication of Part 1 of Arbitration Act 1996).

In section 108 (licences granted by order of comptroller) the reference to a licence under section 11, 38, 48 or 49 includes F5a compulsory pharmaceutical licence.

References in this Act to the Compulsory Licensing Regulation are to that Regulation as amended from time to time.