Industrial and Commercial Property (Protection) (Neuchatel Agreement) Act, 1947
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Continued exploitation of inventions and designs. |
11.—(1) Where, during the period beginning on the 3rd day of September, 1939, and ending on the 31st day of December, 1946, a person has undertaken in good faith the exploitation of an invention or design, he, or his legal representative or assignee, may continue to do so notwithstanding the grant of a patent for the invention or the registration of the design pursuant to an application made by virtue of section 2 or the restoration of a patent for the invention under section 4 or the extension of copyright in the design under section 5 of this Act. | |
(2) For the purposes of subsection (1) of this section any person who proves that the invention was independently invented by him and who has filed an application for a patent between the 3rd September, 1939, and the 1st January, 1946, or his legal representative or assignee may be treated as an exploiter in good faith, although he has not effectively exploited the invention, if the exploitation was prevented by the war. | ||
(3) Any patent granted or design registered pursuant to an application made by virtue of section 2, any patent restored under section 4, and any design, the period of copyright in which is extended under section 5 , of this Act shall be subject to the rights conferred by subsection (1) of this section. |