April 23, 1923 (14th Parliament, 2nd Session)


William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)


I think possibly the amendment I want to suggest may be acceptable to the minister. I suggest that subsections (c) and (d) be deleted, and the following inserted in their place:
(c) If the parties do not come to an arrangement between themselves, the commissioner shall then consider the petition and shall have jurisdiction to hear and determine the matter.

Patents of Invention
The minister will at once see that there is the main difference. The section as we now have it in the proposed bill gives him no jurisdiction. He simply finds out if there is a prima facie case and if so, he sends it to the Exchequer Court. This provides that he shall have jurisdiction and shall hear and determine the matter. Then the amendment proceeds-
And if it is proved to his satisfaction that the reasonable requirements of the public with respect to the patented invention have not been satisfied the patentee may be ordered by him to supply the patented article within reasonable limits at such price as may be fixed by him, and in accordance with the custom of the trade to which the invention relates as to the payment [DOT] and delivery, or to grant licenses for the use of the patented invention, as may be fixed by him in either case within and after such time as may be fixed by him and on pain of forfeiture of the patent.
(d) Any decision of the commissioner under this section shall be subject to appeal to the Exchequer Court.

Full View