The Patents Act 1977 (Amendment) Regulations 2011

These Regulations amend the Patents Act 1977 (“the Act”). Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L17 22/6/2001, p 10) (“the Directive”) is concerned with the legal protection of copyright and related rights in the framework of the internal market. Article 5(3)(e) permits a Member State to provide for exceptions and limitations to the authors’ rights of reproduction and communication to the public of their works provided for by articles 2 and 3 of the Directive to ensure the proper performance of administrative proceedings. Any such limitation must comply with the three step test set out in article 5(5).

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