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Mr Skemp's preposterous provision: the drafting of the Patents Act 1977 and harmonization in the 1970s

Johnson, Phillip 2015. Mr Skemp's preposterous provision: the drafting of the Patents Act 1977 and harmonization in the 1970s. Queen Mary Journal of Intellectual Property 5 (4) , pp. 367-388. 10.4337/qmjip.2015.04.01

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Abstract

The Patents Act 1977 created a new law of patents based on the European Pate‎nt Convention (1973). However, the wording of the Act did not ‘copy out’ the text of the Convention, but was drafted in traditional statutory language to give it effect. Nevertheless, to facilitate harmonization, the Act included a unique provision in British law: section 130(7). Both the drafter's approach and this ‘preposterous’ provision have been lamented by the patent judiciary for nearly four decades. But is this criticism fair?

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Publisher: Edward Elgar
ISSN: 2045-9807
Related URLs:
Last Modified: 15 Mar 2019 16:05
URI: http://orca.cf.ac.uk/id/eprint/83089

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