Patents Act, 1992
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Effect of patent decisions of competent authorities of other states. |
124.—(1) Subject to subsection (2), a determination of a question to which section 123 applies by a court or other competent authority which under the law of a relevant contracting state other than the State has jurisdiction to decide the question shall, if no appeal lies from the determination or if the time for appealing has expired without an appeal having been taken, be recognised in the State as if it had been made by the Court. | |
(2) The Court may refuse to recognise any determination referred to in subsection (1) that the applicant for a European patent had no right to be granted the patent, or any share of it, if either— | ||
(a) the applicant did not contest the proceedings to which the determination relates because he was not notified of them either at all or in the proper manner or was not notified of them in time for him to contest such proceedings; or | ||
(b) the determination conflicts with the determination of a court or other competent authority which under the law of any other relevant contracting state has jurisdiction to decide the question in proceedings instituted earlier between the same parties as those to the proceedings under this Act and relating to the same question. |