APPENDIX.
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efences toactions forinfringement,&c. (see p. 48,ante). Power tocounterclaimfor revocationin an actionfor infringe-ment (seep. 54, ante). Exemption ofinnocent in-fringer fromliability fordamages (seep. 55, ante). (3) Any contract made before the passing of this Act relatingto the lease of or licence to use or work any patented article orprocess and containing any condition which, had the contractbeen made after the passing of this Act, would by virtue of thissection have been null and void, may, at any time before thecontract is determinable under the last preceding sub-section, and,notwithstanding anything in the same or any other contract tothe contrary, be determined by either party on giving threemonths' notice in writing to the other party, but, where any suchnotice is given, the party giving the notice shall be liable to paysuch compensation as, failing agreement, may be awarded by anarbitrator appointed by the Board of Trade. (4) The insertion by the patentee in a contract made afterthe passing of this Act of any condition which, by virtue of thissection, is null and void, shall be available as a defence to anaction for infringement of the patent to which the contract relatesbrought while that contract is in force. (5) Nothing in this section shall — (a) affect any condition in a contract whereby a person isprohibited from selling any goods other than those ofa particular person ; or (5) be construed as vaUdating any contract which would,apart from this section, be invalid ; or {c) affect any right of determining a contract or condition ina contract exerciseable independently of this section ; or (d) affect any condition in a contract for the lease of orlicence to use a patented article, whereby the lessoror Hcensor reserves to himself or his nominees theright to supply such new parts of the patented articleas may be required to put or keep it in repair. 25. Any ground on which a patent may be revoked under thisAct or as an alternative to the grant of a compulsory Ucence undersection three of the Patents Act, 1902, as amended by this Act,shall be available by way of a defence to an action for infringement,and shall also be a ground of revocation under section twenty-sixof the principal Act. 26. A defendant in an action for infringement of a patent,if entitled to present a petition to the Court for the revocationof the patent, may, without presenting such a petition, applyin accordance vrith the rules of the Supreme Court by way ofcounter-claim in the action for the revocation of the patent. 27. A patentee shall not be entitled to recover any damagesin respect of any infringement of a patent granted after thecommencement of this Act from any defendant who proves thatat the date of such infringement he was not aware, nor hadreasonable means of making himself aware, of the existence ofthe patent, and the marking of an article with the word '< patent," PATENTS AND DESIGNS (AMENDMENT) ACT, 1907. 113 " patented," or any word or words expressing or implying thata patent has been obtained for the article, stamped, engraved,impressed on, or otherwise applied to the article, shall not bedeemed to constitute notice of the existence of the patent unlessthe word or words are accompanied by the year and number ofthe patent : Provided that nothing in this section shall affect any proceed-ings for an injunction. 28. Where by virtue of this Act a decision of the comptroller Provisions asis subject to an appeal to the Court, or a petition may be referred ref*r^*^g *°^or presented to the Court, the appeal shall, subject to and in accord- the Court (seeance with rules of the Supreme Court, be made and the petition P* ®3» «'»'^)»referred or presented to such judge of the High Court as the LordChancellor may select for the purpose, and the decision of thatjudge shall be final except in the case of an appeal from a decisionof the comptroller revoking a patent on any ground on which thegrant of such patent might have been opposed.
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