Page:Crown Proceedings Act 1947 (UKPGA Geo6-10-11-44 qp).pdf/5

 10 & 11

3.—(1) Where after the commencement of this Act any servant or agent of the Crown infringes a patent, or infringes a registered trade mark, or infringes any copyright (including any copyright in a design subsisting under the Patents and Designs Acts, 1907 to 1946), and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall lie against the Crown.

(2) Nothing in the preceding subsection or in any other provision of this Act shall affect the rights of any Government department under section twenty-nine or section fifty-eight A of the Patents and Designs Act, 1907, or the rights of the Minister of Supply under section twelve of the Atomic Energy Act, 1946.

(3) Save as expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Act in respect of the infringement of a patent, in respect of the infringement of a registered trade mark, or in respect of the infringement of any such copyright as is mentioned in subsection (r) of this section.

4.—(1) Where the Crown is subject to any liability by virtue of this part of this Act, the law relating to indemnity and contribution shall be enforceable by or against the Crown in respect of the liability to which it is so subject as if the Crown were a private person of full age and capacity.

(2) Without prejudice to the effect of the preceding subsection, Part II of the Law Reform (Married Women and Tortfeasors) Act, 1935 (which relates to proceedings against, and contribution between, joint and several tortfeasors) shall bind the Crown.

(3) Without prejudice to the general effect of section one of this Act, the Law Reform (Contributory Negligence) Act, 1945 (which amends the law relating to contributory negligence) shall bind the Crown.

5.—(1) The provisions of the Merchant Shipping Acts, 1894 to 1940, which limit the amount of the liability of the owners of ships shall, with any necessary modifications, apply for the purpose of limiting the liability of His Majesty in respect of His Majesty’s ships; and any provision of the said Acts which, relates to or is ancillary to or consequential on the provisions so applied shall have effect accordingly.

(2) Without prejudice to the provisions of the preceding subsection, where a ship is built at any port or place within His Majesty’s dominions, and His Majesty is interested in her by reason of the fact that she is built by or on behalf of or to the order of His Majesty in right of His Government in the United Kingdom, the provisions of the Merchant Shipping Acts, 1894 Rh