Air Navigation and Transport Act, 1946
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Exemption in respect of infringements of patents, etc by certain foreign aircraft. |
17.—(1) Where— | |
(a) a foreign aircraft to which this section applies makes, while engaged in international air navigation, an authorised entry into the territory of the State or an authorised transit across such territory with or without landing, and | ||
(b) the construction, mechanism, parts, accessories or operation of the aircraft infringe any patent, design or model duly granted or registered in the State, | ||
then, notwithstanding anything in the Act of 1927, no action or proceedings shall lie or be taken in respect of such infringement. | ||
(2) Where— | ||
(a) spare parts or spare equipment for a foreign aircraft to which this section applies and which is engaged in international air navigation are or is stored in the State, and | ||
(b) the said spare parts or spare equipment infringe or infringes any patent, design or model duly granted or registered in the State, | ||
then, notwithstanding anything contained in the Act of 1927, the following provisions shall have effect— | ||
(i) no action or proceedings shall lie or be taken in respect of such storage, unless such spare parts or equipment are or is sold or distributed in the State or commercially exported from the State, | ||
(ii) no action or proceedings shall lie or be taken in respect of the user and installation in the State of such parts or equipment in the repair of any such aircraft. | ||
(3) Subsection (1) of section 61 of the Principal Act shall not apply to any foreign aircraft to which this section applies which, while engaged in international air navigation, makes an authorised entry into the territory of the State or an authorised transit across such territory with or without landing. | ||
(4) In this section— | ||
the expression “the Act of 1927” means the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929); | ||
the expression “foreign aircraft to which this section applies”, means aircraft of a State (other than the State) which— | ||
(a) is a party to the Chicago Convention, and | ||
(b) either— | ||
(i) is a party to the International Convention for the Protection of Industrial Property, or | ||
(ii) has enacted patent laws which recognise and give adequate protection to inventions made by the nationals of the other States parties to the Chicago Convention. |