[HOUSE OF LORDS]
BEECHAM GROUP PLC. APPELLANTS AND GIST-BROCADES NV AND ANOTHER RESPONDENTS
[On appeal from REGINA v. COMPTROLLER-GENERAL OF PATENTS, DESIGNS AND TRADE MARKS, Ex parte GIST-BROCADES NV AND ANOTHER]
1985 July 15, 16, 17, 22, 23, 24, 25, 29;
July 31;
Dec. 12
Lord Fraser of Tullybelton, Lord Diplock, Lord Brightman, Lord Bridge of Harwich and Lord Templeman
PatentExtensionTransitional provisionsExisting patent for 16 yearsExtension of patent for four years as new existing patent endorsed “licences of right”Application to comptroller to settle terms of licenceEffective date of grant of licenceWhether comptroller having power to impose term prohibiting importation of patented article Patents Act 1977 (c. 37), s. 46(3)(a), Sch 1, para. 4(1)(2)(c)[1] E.E.C. Treaty (Cmnd. 5179-II), arts. 30, 36 [2]

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