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The Patents Regulations 2000 (S.I. 2000 N. 2037).

Type of law

These Regulations amend the Patents Act 1977 in order to make provision for the implementation of Articles 1 to 11 of Directive 98/44/EC and for implementation of article 27(2) of the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) annexed to the Agreement establishing the World Trade Organisation (Cm. 2556-59, 2561-69, 2571-74).
Amendments to Patent Act 1977 include: under section 1 (patentable inventions), the Regulation substitute subsections (3) and (4): a patent shall not be granted for an invention the commercial exploitation of which would be contrary to public policy or morality. In section 60 (meaning of infringement) the Regulation inserts two paragraphs providing a derogation from infringement of a patent where an otherwise infringing act consists of the use by a farmer of: (i) the product of his harvest for propagation or multiplication by him on his own farm, where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use subject to conditions set out in new Schedule A1 to the Act; (ii) an animal or animal reproductive material by a farmer for an agricultural purpose following a sale to the farmer, by the proprietor of the patent or with his consent, of breeding stock or other animal reproductive material which constitutes or contains the patented invention (regulation 4). The Regulations also include the discipline of biological inventions adding section 76A, Schedule A2, and Schedule A1 (derogation from patent protection in respect of biotechnological inventions).
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Legislation Amendment