 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/GBR/P/1/Add.1 
IP/N/1/GBR/P/2/Add.1 
IP/N/1/GBR/T/1/Add.1 
27 February 2004 
 (04-0896) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
UNITED KINGDOM 
 
Addendum
 
  By means of a communication dated 20 September 1999, the Delegation of the European Commission has notified on behalf of the United Kingdom, the text
1 of The Patents and Trade Marks (World Trade Organization) 
Regulations 1999.  This statutory instrument has entered into force on 29 July 1999 and amends the Patents Act 1977, 
the Patents Rules 1995 and the Trade Marks Act 1994.  The statutory document is also available on Internet at http://www.legislation.hmso.gov.uk/si/si1999/19991899.htm
.  The text of the Regulations is reproduced below. 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA PROPRIÉTÉ INTELLECTUELLE 
NOTIFIÉES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
 
ROYAUME-UNI 
 
Addendum
 
  Dans une communication datée du 20 septembre 1999, la Délégation de la Commission européenne a notifié, pour le compte du Royaume-Uni, le texte
1 du Règlement de 1999 sur les brevets et les marques (Organisation 
mondiale du commerce).  Cet instrument juridique est entré en vigueur le 29 juillet 1999 et il modifie la Loi de 1977 sur les brevets, le Règlement de 1995 sur les brevets et la Loi de 1994 sur les marques.  Il peut aussi être consulté sur Internet, à l'adresse http://www.legislation.hmso.gov.uk/si/si1999/19991899.htm
.  Le texte du Règlement est reproduit 
ci-après. 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
REINO UNIDO 
 
Addendum  
  En una comunicación de fecha 20 de septiembre de 1999, la Delegación de la Comisión Europea ha notificado en nombre del Reino Unido el texto
1 del Reglamento de Patentes y Marcas de Fábrica de 1999 
(Organización Mundial del Comercio).  Este instrumento reglamentario entró en vigor el 29 de julio de 1999 y modifica a la Ley de Patentes de 1977, el Reglamento sobre Patentes de 1995 y la Ley de Marcas de Fábrica o de 
Comercio de 1994.  También puede accederse a este documento reglamentario a través de Internet en la dirección 
http://www.legislation.hmso.gov.uk/si/si1999/19991899.htm
.  A continuación se reproduce el texto del Reglamento. 
                                                      
 1 In English only./En anglais se ulement./En inglés solamente.  IP/N/1/GBR/P/1/Add.1 
IP/N/1/GBR/P/2/Add.1 IP/N/1/GBR/T/1/Add.1 
Page 2 
  
  
  Statutory Instrument 1999 No. 1899   
The Patents and Trade Marks (World Trade 
Organisation) Regulations 1999   
 
© Crown Copyright 1999 
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 IP/N/1/GBR/P/2/Add.1  IP/N/1/GBR/T/1/Add.1 
 Page 3 
  
  
STATUTORY INSTRUMENTS 
 
 
1999 No. 1899  
 
PATENTS  
 
TRADE MARKS  
 
The Patents and Trade Marks (World Trade Organisation) 
Regulations 1999  
 
  Made  1st July 1999    
  Laid before Parliament  5th July 1999    
  Coming into force  29th July 1999    
 
The Secretary of State, be ing a Minister designated[ 1] for the purposes of 
section 2(2) of the European Communities Act 1972[ 2] in relation to 
measures relating to patents and tr ade marks, in exercise of powers 
conferred by section 2(2) of th e said Act of 1972, hereby makes the 
following Regulations:-   
PART I 
 
INTRODUCTORY PROVISIONS 
 
Citation and commencement  
     1.  - (1) These Regulations may be c ited as the Patents and Trade Marks 
(World Trade Organisation) Regulations 1999.      (2) These Regulations co me into force on 29th July 1999. 
 
Interpretation  
     2. In these Regulations- 
"the 1977 Act" means the Patents Act 1977[ 3
]; 
"the 1994 Act" means the Trade Marks Act 1994[ 4]; 
"the 1995 rules" means the Patent Rules 1995[ 5]. 
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 PART II 
 
AMENDMENTS OF THE PATENTS ACT 1977 
 
Compulsory licences: general  
     3. For section 48 of the 1977 Act substitute- 
" Compulsory licences: general.  
     48.  - (1) At any time after the ex piration of three years, or of 
such other period as may be prescribed, from the date of the grant of a patent, any person may apply to  the comptroller on one or more 
of the relevant grounds- 
(a) for a licence under the patent; 
 (b) for an entry to be made in the register to the effect that licences under the patent are to be available as of right; or  (c) where the applicant is a government department, for the 
grant to any person specified in  the application of a licence 
under the patent. 
    (2) Subject to sections 48A and 48B below, if he is satisfied that 
any of the relevant grounds are established, the comptroller may- 
(a) where the appli cation is under subsection (1)(a) above, 
order the grant of a licence to the applicant on such terms as the comptroller thinks fit;  (b) where the appli cation is under subsection (1)(b) above, 
make such an entry as is there mentioned;  (c) where the appli cation is under subsection (1)(c) above, 
order the grant of a licence to  the person specified in the 
application on such terms as the comptroller thinks fit. 
    (3) An application may be made  under this section in respect of a 
patent even though the applicant is already the holder  of a licence 
under the patent; and no person sha ll be estopped or barred from 
alleging any of the matters specified in the relevant grounds by reason of any admission made by him, whether in such a licence or otherwise, or by reason of his having accepted a licence.      (4) In this section "t he relevant grounds" means- 
(a) in the case of an applicati on made in respect of a patent  IP/N/1/GBR/P/1/Add.1 
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 whose proprietor is a WTO proprie tor, the grounds set out in 
section 48A(1) below;  (b) in any other case, the gr ounds set out in section 48B(1) 
below. 
    (5) A proprietor is a WTO proprietor for the purposes of this 
section and sections 48A,  48B, 50 and 52 below if- 
(a) he is a national of, or is domiciled in, a country which is 
a member of the World Trade Organisation; or  (b) he has a real and effec tive industrial or commercial 
establishment in such a country. 
    (6) A rule prescribing any su ch other period under subsection (1) 
above shall not be made unless a dr aft of the rule has been laid 
before, and approved by resolution of, each House of Parliament." 
Compulsory licences: WTO proprietors  
     4. After section 48 of the 1977 Act insert- 
" 
Compulsory licences: WTO proprietors.  
     48A.   - (1) In the case of an a pplication made under section 48 
above in respect of a patent whos e proprietor is a WTO proprietor, 
the relevant grounds are- 
(a) where the patented inventi on is a product, that a demand 
in the United Kingdom for that product is not being met on reasonable terms;  (b) that by reason of the refu sal of the propr ietor of the 
patent concerned to grant a licence or licences on reasonable 
terms- 
(i) the exploitation in the United Kingdom of any 
other patented invention which involves an important technical advance of considerable economic significance in rela tion to the invention for 
which the patent concerned was granted is prevented or hindered, or  (ii) the establishment or development of commercial or industrial activities in the United Kingdom is 
unfairly prejudiced; IP/N/1/GBR/P/1/Add.1 
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 (c) that by reason of conditions  imposed by the proprietor of 
the patent concerned on the grant of licences under the 
patent, or on the disposal or use of the patented product or 
on the use of the patented pro cess, the manufacture, use or 
disposal of materials not prot ected by the patent, or the 
establishment or development of commercial or industrial 
activities in the United Kingdo m, is unfairly prejudiced. 
    (2) No order or entry sha ll be made under section 48 above in 
respect of a patent whose proprie tor is a WTO proprietor unless- 
(a) the applicant has made e fforts to obtain a licence from 
the proprietor on reasonable commercial terms and conditions; and  (b) his efforts have not been successful within  a reasonable 
period. 
    (3) No order or entry shall be so made if the patented invention is 
in the field of semi-conductor technology.  
    (4) No order or entry sha ll be made under section 48 above in 
respect of a patent on the ground me ntioned in subsection (1)(b)(i) 
above unless the comptroller is sati sfied that the proprietor of the 
patent for the other invention is  able and willing to grant the 
proprietor of the patent concerne d and his licensees a licence under 
the patent for the other invention on reasonable terms.      (5) A licence granted in pursuan ce of an order or entry so made 
shall not be assigned except to a person to whom the patent for the 
other invention is also assigned.      (6) A licence granted in pursu ance of an order or entry made 
under section 48 above in respect of  a patent whose proprietor is a 
WTO proprietor- 
(a) shall not be exclusive; 
 (b) shall not be assigned except to a person to whom there is 
also assigned the part of the ente rprise that enjoys the use of 
the patented invention, or the part of the goodwill that 
belongs to that part;  (c) shall be predominantly for the supply of the market in 
the United Kingdom;  IP/N/1/GBR/P/1/Add.1 
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(d) shall include conditions en titling the proprietor of the 
patent concerned to remu neration adequate in the 
circumstances of the case, ta king into account the economic 
value of the licence; and  (e) shall be limited in scope and in duration to the purpose for which the licence was granted." 
Compulsory licences: other cases  
     5. After section 48A of the 1977 Act insert- 
" 
Compulsory licences: other cases.  
     48B.   - (1) In the case of an a pplication made under section 48 
above in respect of a patent whose proprietor is not a WTO proprietor, the relevant grounds are- 
(a) where the patented inve ntion is capable of being 
commercially worked in the Un ited Kingdom, that it is not 
being so worked or is not being so worked to the fullest extent that is reasonably practicable;  (b) where the patented inventi on is a product, that a demand 
for the product in the United Kingdom- 
(i) is not being met on reasonable terms, or 
 (ii) is being met to a substantial extent by importation from a country which is not a member State; 
(c) where the patented inve ntion is capable of being 
commercially worked in the United Kingdom, that it is 
being prevented or hindered from being so worked- 
(i) where the invention is a product, by the 
importation of the product from a country which is not a member State,  (ii) where the inventi on is a process, by the 
importation from such a country of a product obtained directly by means of the process or to which the process has been applied; 
(d) that by reason of the refu sal of the propr ietor of the IP/N/1/GBR/P/1/Add.1 
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Page 8 
  
 patent to grant a licence or licences on reasonable terms- 
(i) a market for the export  of any patented product 
made in the United Kingdom is not being supplied, or  (ii) the working or efficient working in the United Kingdom of any other pate nted invention which 
makes a substantial cont ribution to the art is 
prevented or hindered, or  (iii) the establishment or development of commercial 
or industrial activities in the United Kingdom is 
unfairly prejudiced; 
(e) that by reason of conditions  imposed by the proprietor of 
the patent on the grant of licen ces under the patent, or on the 
disposal or use of the patented  product or on the use of the 
patented process, the manufacture, use or disposal of materials not protected by the pa tent, or the establishment or 
development of commercial or industrial activ ities in the 
United Kingdom, is unfairly prejudiced. 
    (2) Where- 
(a) an application is made on the ground that the patented 
invention is not being commerc ially worked in the United 
Kingdom or is not being so worked  to the fullest extent that 
is reasonably practicable; and  (b) it appears to the comptrol ler that the time which has 
elapsed since the publication in the journal of a notice of the 
grant of the patent has for a ny reason been insufficient to 
enable the invention to be so worked, 
he may by order adjourn the application for such period as will in 
his opinion give sufficient time for the invention to be so worked. 
     (3) No order or entry sha ll be made under section 48 above in 
respect of a patent on the ground mentioned in subsection (1)(a) 
above if- 
(a) the patented invention is being commercially worked in 
a country which is a member State; and  (b) demand in the United Kingdom is being met by  IP/N/1/GBR/P/1/Add.1 
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 importation from that country. 
    (4) No entry shall be made in  the register under section 48 above 
on the ground mentioned in subs ection (1)(d)(i) above, and any 
licence granted under section 48 ab ove on that ground shall contain 
such provisions as appear to the comptroller to be expedient for 
restricting the countries in wh ich any product concerned may be 
disposed of or used by the licensee.      (5) No order or entry sha ll be made under section 48 above in 
respect of a patent on the ground me ntioned in subs ection (1)(d)(ii) 
above unless the comptroller is sati sfied that the proprietor of the 
patent for the other invention is able and willing to grant to the 
proprietor of the patent concerne d and his licensees a licence under 
the patent for the other invention on reasonable terms." 
Opposition, appeal and arbitration  
     6. For section 52 of the 1977 Act substitute- 
" 
Opposition, appeal and arbitration.  
     52.  - (1) The proprietor of the patent concerned or any other 
person wishing to oppose an application under sections 48 to 51 above may, in accordance with rules,  give to the comptroller notice 
of opposition; and the comptroller shall consider any opposition in deciding whether to gr ant the application. 
     (2) Where an order or entr y has been made under section 48 
above in respect of a patent w hose proprietor is a WTO proprietor- 
(a) the proprietor or any ot her person may, in accordance 
with rules, apply to the comptroller to have the order revoked or the entry cancelle d on the grounds that the 
circumstances which led to the making of the order or entry have ceased to exist and are unlikely to recur;  (b) any person wishing to oppose an application under 
paragraph (a) above may, in accordance with rules, give to the comptroller notice of opposition; and  (c) the comptroller shall cons ider any opposition in deciding 
whether to grant the application. 
    (3) If it appears to the comptroller on an application under 
subsection (2)(a) above that the circumstances which led to the 
making of the order or entry have cea sed to exist and are unlikely to IP/N/1/GBR/P/1/Add.1 
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 recur, he may- 
(a) revoke the order or cancel the entry; and 
 (b) terminate any licence grante d to a person in pursuance of 
the order or entry subject to su ch terms and conditions as he 
thinks necessary for the protection of the legitimate interests of that person. 
    (4) Where an appeal is brought- 
(a) from an order made by the comptroller in pursuance of 
an application under sections 48 to 51 above;  (b) from a decision of his to make  an entry in the register in 
pursuance of such an application;  (c) from a revocation or cancellation made by him under 
subsection (3) above; or  (d) from a refusal of his to make such an order, entry, revocation or cancellation, 
the Attorney General, the appropriate Law Officer within the 
meaning of section 4A of the Crown Suits (Scotland) Act 1857[ 6
] 
or the Attorney General for Northe rn Ireland, or such other counsel 
as any of them may appoint, sha ll be entitled to appear and be 
heard.      (5) Where an application under sections 48 to 51 above or subsection (2) above is opposed, and either- 
(a) the parties consent, or 
 (b) the proceedings require a prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the co mptroller conveniently be 
made before him, 
the comptroller may at any time order the whole proceedings, or 
any question or issue of fact arisi ng in them, to be referred to an 
arbitrator or arbiter agreed on by the parties or, in default of 
agreement, appointed by the comptroller.      (6) Where the whole proceedings are so referred, unless the parties otherwise agree before the aw ard of the arbitrator or arbiter  IP/N/1/GBR/P/1/Add.1 
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 is made, an appeal shall lie from the award to the court. 
     (7) Where a question or issue of fact is so referred, the arbitrator 
or arbiter shall report his fi ndings to the comptroller." 
Minor amendments of 1977 Act  
     7.  - (1) After subsection (5) of section 5 of the 1977 Act (priority date) 
insert- 
    " (6) References in subsecti on (5) above to a convention country 
include references to a countr y, other than the United Kingdom, 
which is a member of the World Trade Organisation." 
    (2) In subsection (1) of secti on 50 of that Act (exercise of powers on 
applications), after the words "in re spect of a patent" insert the words 
"whose proprietor is not  a WTO proprietor". 
     (3) In subsection (2) of that sec tion, for the words "such an application" 
substitute the words "any app lication under section 48 above". 
     (4) In subsection (2) of section 54 of that Act (special provisions), after 
the words "means a country other than a member state" insert the words "or 
a member of the World Trade Organisation".      (5) In subsection (7) of section 60 of that Act (meaning of infringement), 
in the definitions of "relevant ship" and "relevant aircraft, hovercraft or 
vehicle", after the words "1983" insert the words "or which is a member of 
the World Trade Organisation".  
Part II: transitional provisions  
     8.  - (1) A WTO proprietor of a patent  in respect of which an order or 
entry has been made under section 48 of the 1977 Act before the relevant date may apply to the comptroller- 
(a) to have the order revoked or  the entry cancelled on the grounds 
that the grounds on which the orde r or entry was made are not set 
out in subsection (1) of s ection 48A of that Act; or 
 (b) to have the conditions subject to which any licence was granted before that date in pursuance of the order or entry modified on the 
grounds that the licence does not sati sfy the requirements set out in 
subsection (6) of that section. 
    (2) If it appears to the comptroller on an application under paragraph 
(1)(a) that the grounds on which the order or entry was made are not set out IP/N/1/GBR/P/1/Add.1 
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 in section 48A(1) of the 1977 Act, he may- 
(a) revoke the order or cancel the entry; or 
 (b) terminate any licence granted to a person in pursuance of the 
order or entry subject to such te rms and conditions as he thinks 
necessary for the protection of the legitimate interests of that person. 
    (3) If it appears to the comptroller on an application under paragraph 
(1)(b) that the conditions of the licence should be modified, he may modify 
the conditions accordingly; but in doing so he shall have regard to the need to protect the legitimate interest s of the holder of the licence. 
     (4) Subsections (1), (4) and (5) of section 52 of the 1977 Act shall apply 
to an application under paragraph (1) as  they apply to an application under 
sections 48 to 51 of that Act, but as if  the reference in subsection (1) to the 
proprietor of the patent or any other person were a reference to any person. 
     (5) Section 48A(5) of the 1977 Act shall apply to a licence granted on or 
after the relevant date in pursuance of an entry made before that date in 
relation to a patent whos e proprietor is a WTO proprietor, if the entry was 
made- 
(a) before the commencement date and on the ground mentioned in 
section 48(3)(d)(ii) of that Act; or  (b) on or after that date and on the ground mentioned in section 48B(1)(d)(ii) of that Act. 
    (6) Section 48A(6) of the 1977 Act shall apply to a licence granted on or 
after the relevant date in pursuance of an entry made before that date in 
relation to a patent whose pr oprietor is a WTO proprietor. 
     (7) A proprietor is a WTO proprie tor for the purposes of this regulation 
if- 
(a) he is a national of, or is domiciled in, a country which is a 
member of the World Trade Organisation; or  (b) he has a real and effec tive industrial or commercial 
establishment in such a country. 
    (8) In this regulation- 
"the commencement date" means the date of the coming into force  IP/N/1/GBR/P/1/Add.1 
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 of these Regulations; 
"the relevant date" means the commencement date or, if later, the date on which the proprietor of the patent became a WTO 
proprietor. 
 
PART III 
 
AMENDMENTS OF THE PATENTS RULES 1995 
 
Application for: compulsory licence  under section 48(1), or revocation 
or cancellation under section 52(2)(a), of the 1977 Act  
     9. For rule 68 of the 1995 rules substitute- 
     " 68. An application under section 48(1) or 52(2)(a) shall be 
made on Patents Form 2/77 and shall be accompanied by a statement in duplicate of the fact s upon which the applicant relies 
and evidence in duplicate verifying the statement.". 
Procedure on receipt of applicatio n under section 48, 51 or 52 of the 
1977 Act  
     10. For rule 70 of the 1995 rules substitute- 
     " 70.  - (1) If upon consideration of the evidence submitted under 
rule 68 (application for: compulso ry licence under section 48(1) or 
revocation or cancellation under section 52(2)(a)) or rule 69 
(application by Minister under sec tion 51), the comptroller is not 
satisfied that a prima facie case is made out for- 
(a) the making of an order or an entry, or 
 
(b) the revocation of an orde r or cancellation of an entry, 
as the case may be, he shall notify the applicant accordingly, and 
unless, within one month of maki ng such notification, the applicant 
requests to be heard in the matter,  the comptroller shall refuse the 
application.      (2) Where the applicant re quests a hearing within the time 
allowed, the comptroller, after gi ving the applicant the opportunity 
of being heard, shall determine whether the application may proceed or whether it shall be refused.      (3) If upon consideration of  the evidence the comptroller is 
satisfied that a prima facie case has been made out for- IP/N/1/GBR/P/1/Add.1 
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 (a) the making of an order or an entry, or 
 (b) the revocation of an orde r or cancellation of an entry, 
as the case may be, or if, after hearing the applicant, he so 
determines, he shall direct that the application shall be advertised in 
the Journal, and shall send a copy of the application, the statement 
and the evidence filed in support thereof- 
(c) where the appli cation is under subpara graph (a), to the 
proprietor of the patent and to any other person shown on 
the register as having any right  in or under the patent; or 
 (d) where the appli cation is under subparagraph (b), to any 
person shown on the register as having any right in or under the patent.". 
Opposition under section 52 of the 1977 Act  
     11. For paragraph (1) of rule 71 of the 1995 rules substitute- 
     " 71.  - (1) Within two months of th e date of the advertisement in 
the Journal of an application unde r rule 70(3), any person may give 
notice to the comptroller of opposition under section 52(1) or 52(2)(b), as the case may be, to the application on Patents Form 
15/77.". 
Part III: transitional provisions  
     12. Rules 68, 70 and 71 of the 1995 rules shall apply to an  application, 
or opposition to an application, under re gulation 8(1) as they apply to an 
application or opposition under secti on 48, or section 52, of the 1977 Act. 
  
PART IV 
 
AMENDMENTS OF THE TRADE MARKS ACT 1994 
 
Amendments of 1994 Act  
     13.  - (1) In subsection (1)(c) of section 6 of the 1994 Act (meaning of 
"earlier trade mark"), after the words "protection under the Paris 
Convention" insert the words "or the WTO agreement".      (2) In subsection (1) of secti on 55 of the 1994 Act (Paris Convention: 
supplementary provisions), omit the word  "and" at the end of paragraph (a) 
and after that paragraph insert-  IP/N/1/GBR/P/1/Add.1 
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 " (aa) "the WTO agreement" means the Agreement 
establishing the World Trad e Organisation signed at 
Marrakesh on 15th April 1994[ 7], and". 
    (3) In subsection (2) of that  section, after the words "the Paris 
Convention" there shall be inserted  the words "or the WTO agreement". 
     (4) In subsections (1) and (2) of  section 56 of that Act (protection of 
well-known trade marks), after the words "the Paris Convention" insert the 
words "or the WTO agreement".      (5) In subsections (2) and (3) of section 57 of that Act (national emblems 
etc. of Convention countries), after th e words "the Paris Convention" insert 
the words "or the WTO agreement".      (6) In subsection (2) of section 58 of that Act (emblems etc. of certain 
international organisations ), after the words "the Paris Convention" insert 
the words "or the WTO agreement".      (7) After subsection (4) of sec tion 59 of that Act (notification under 
Article 6ter of Convention) insert- 
    " (5) Any reference in this se ction to Article 6ter of the Paris 
Convention shall be construed as  including a reference to that 
Article as applied by the WTO agreement". 
Part IV: transitional provisions  
     14.  - (1) The amendment of section 56(2) of the 1994 Act made by 
regulation 13(4) shall not affect the c ontinuation of any bona fide use of a 
trade mark begun before the 1st January 1996.      (2) The amendment made by regulation 13(6) shall not affect the rights of a person whose bona fide use of the trade mark in question began before 
that date.   
Kim Howells  
Parliamentary Under Secretary of St ate for Competition and Consumer 
Affairs, Department of Trade and Industry  1st July 1999  
 
 
 IP/N/1/GBR/P/1/Add.1 
IP/N/1/GBR/P/2/Add.1 IP/N/1/GBR/T/1/Add.1 
Page 16 
  
 EXPLANATORY NOTE  
 
(This note is not part of the Regulations)  
 
 These Regulations modify the Patents Act 1977, the Patents Rules 1995 (S.I. 1995/2093) and the Trade Marks Act 1994 in pursuance of the United 
Kingdom's obligations under the Agr eement establishing the World Trade 
Organisation signed at Marrakesh on 15th April 1994 and the Agreement 
on Trade-Related Aspects of Intell ectual Property Rights which is an 
integral part of the WTO Agreement.  The principal amendments ar e to those provisions of- 
(a) the Patents Act 1977 (regulations 3 to 8), and 
 (b) the Patents Rules 1995 (regulatio ns 9 to 12), which concern the 
application for and the grant of compulsory licences. Where the proprietor of the patent in respect of which such an application is 
made is a national of, or is domic iled or has a real and effective 
industrial or commercial establis hment in, a country which is a 
member of the World Trade Organisation, the grounds upon which a compulsory licence may be granted are more restricted than the grounds which would otherwise be  available to an applicant 
(regulation 4). 
Amendments are also made to the Pa tents Act 1977 and to the Trade Marks 
Act 1994 to permit any country which becomes a member of the World 
Trade Organisation to be treated au tomatically as a Convention country 
(regulations 7(1) and 13).  A Regulatory Impact Assessment is not  required for this Instrument. 
 
Notes:  
 
[1] S.I. 1995/2983. back   
[2] 1972 c. 68. back   
[3] 1977 c. 37. back   
[4] 1994 c. 26. back   
[5] S.I. 1995/2093 as amended by S.I. 1999/1092. back   
[6] 1857 c. 44. back    IP/N/1/GBR/P/1/Add.1 
 IP/N/1/GBR/P/2/Add.1  IP/N/1/GBR/T/1/Add.1 
 Page 17 
  
 [7] Cm. 2556-59, 2561-2, 2564-69, 2571-74. Th e Agreement Establishing 
the World Trade Organisation was declared a Community Treaty as 
defined in section 1(2) of the European Communities Act 1972 by S.I. 
1995/265. back   
 
ISBN 0 11 082968 9  
 
 
 
__________ 
 
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