UK Parliament / Open data

Patents (Amendment) (EU Exit) Regulations 2018

Debates on delegated legislation on Monday, 14 January 2019, in the House of Lords, led by Lord Henley. The answering member was Baroness Kingsmill.
Lords motion to consider. Negatived on question.
Type
Parliamentary proceeding
Reference
795 cc27-57GC 
Session
2017-19
Chamber / Committee
House of Lords Grand Committee
Patents (Amendment) (EU Exit) Regulations
Wednesday, 28 November 2018
Statutory instruments
House of Lords
House of Commons
Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2018
Monday, 14 January 2019
Parliamentary proceedings
House of Lords
Deposited Paper DEP2019-0090
Monday, 21 January 2019
Deposited papers
House of Lords
Proceeding contributions
Lord Henley | 795 cc27-8GC (Link to this contribution)

My Lords, I beg to move that the Committee considers the draft Patents (Amendment) (EU Exit) Regu...

Lord Adonis | 795 c28GC (Link to this contribution)

I am very grateful to the Minister for giving way. Can he tell us—the same issue came up with the...


Show all contributions (105)
Lord Henley | 795 cc28-9GC (Link to this contribution)

I will answer that in due course. The noble Lord will have an opportunity to speak after my speec...

Lord Adonis | 795 c29GC (Link to this contribution)

The noble Lord said that he was going to cover the issue of consultation later in his remarks and...

Lord Henley | 795 c30GC (Link to this contribution)

My Lords, I did not say that and the noble Lord should not put words into my mouth. I said that w...

Lord Adonis | 795 c30GC (Link to this contribution)

My Lords, I do not think that that is a satisfactory response at all. Our consideration of this r...

Lord Henley | 795 c30GC (Link to this contribution)

The noble Lord intervened more than once during the previous debate. I had a number of responses ...

Lord Henley | 795 c30GC (Link to this contribution)

Will the noble Lord sit down? I have not given way to him. The noble Lord can make his point when...

Baroness McIntosh of Hudnall | 795 c30GC (Link to this contribution)

My Lords, it might be for the convenience of the Committee if I were to put the Question so that ...

Lord Adonis | 795 c30GC (Link to this contribution)

My Lords, I do not think it is for the convenience of the Committee, because the noble Lord has j...

Lord Henley | 795 c31GC (Link to this contribution)

My Lords, I quite understand that the noble Lord was in the Chamber and therefore not able to be ...

Lord Henley | 795 c31GC (Link to this contribution)

No; there is no need for noble Lords to get up. I will sit down and give way to the noble Barones...

Lord Henley | 795 c31GC (Link to this contribution)

Can the noble Baroness wait just a moment? I am still speaking. It is quite right that we make ap...

Baroness Kingsmill | 795 cc31-2GC (Link to this contribution)

I was actually trying to be a little helpful. In the notes on this matter, there is a little more...

Lord Warner | 795 c32GC (Link to this contribution)

May I intervene to be helpful to the Minister? He might wish to consider withholding his remarks ...

Lord Henley | 795 c32GC (Link to this contribution)

The noble Baroness, Lady Kingsmill, suggested that it was only lawyers who were consulted. There ...

Lord Warner | 795 cc32-3GC (Link to this contribution)

My Lords, I hope to throw a little light on the subject of consultation during the course of my r...

Lord Adonis | 795 c33GC (Link to this contribution)

My Lords, in the light of what the noble Lord has said, does he not think it extraordinary that p...

Lord Warner | 795 cc33-4GC (Link to this contribution)

I totally agree with the noble Lord and will set out my reasons for doing so in relation to this ...

Lord Deben | 795 c34GC (Link to this contribution)

Is not the point that the noble Lord is making rather wider than that? He seems to be saying that...

Lord Warner | 795 cc34-5GC (Link to this contribution)

The noble Lord is spot on. That is exactly the point that I am making. I want to develop the argu...

Lord Adonis | 795 c35GC (Link to this contribution)

My Lords, I think the noble Lord is making a case which is of great concern to the Grand Committe...

Lord Warner | 795 cc35-6GC (Link to this contribution)

According to the BIA, which is a cautious body that keeps its finger on the pulse of the sector v...

Lord Warner | 795 c36GC (Link to this contribution)

I am sorry if I am taking up a bit of time. I have heard longer speeches and I have been interrup...

Lord Adonis | 795 c36GC (Link to this contribution)

My Lords, I have rarely heard in Grand Committee a speech of greater concern to a major industria...

Lord Warner | 795 c36GC (Link to this contribution)

I am grateful to the noble Lord for his support. I have never been much of a one for taking notic...

Lord Deben | 795 cc36-7GC (Link to this contribution)

My Lords, I am concerned about the consultation element. I am interested in the difference betwee...

Baroness Kingsmill | 795 c37GC (Link to this contribution)

I take the noble Lord’s point entirely. However, having pointed out the inadequacy of the consult...

Lord Deben | 795 c37GC (Link to this contribution)

The noble Baroness makes an important point. I want to follow this line because if the consultati...

Lord Adonis | 795 c37GC (Link to this contribution)

The noble Lord is making a powerful point. Did he note the remark made by the Minister in the deb...

Lord Deben | 795 c38GC (Link to this contribution)

I do not think that I ought to follow the noble Lord down that road because otherwise there will ...

Baroness Kingsmill | 795 c38GC (Link to this contribution)

Perhaps I may further the point that the noble Lord is making. We have now established pretty wel...

Lord Deben | 795 c39GC (Link to this contribution)

That is absolutely true. It all adds up to my last point, which I feel is the most important poin...

Lord Warner | 795 c39GC (Link to this contribution)

I am grateful to the noble Lord and agree with every word he said. Rather more elegantly than I, ...

Lord Deben | 795 c40GC (Link to this contribution)

I entirely agree, but I add to that list the Minister because, like every other Minister, he has ...

Lord Adonis | 795 c40GC (Link to this contribution)

Before the noble Lord sits down, in the concluding remarks of his extremely powerful speech he re...

Lord Deben | 795 cc40-1GC (Link to this contribution)

I do not want to embarrass any Ministers, including the noble Lord who is here. I want to exclude...

Lord Adonis | 795 cc41-2GC (Link to this contribution)

My Lords, in my now quite long experience of the House I have found that on most occasions when p...

Lord Adonis | 795 c42GC (Link to this contribution)

They turn out to be lawyers. I have nothing against lawyers; my noble friend Lady Kingsmill is a ...

Lord Warner | 795 c42GC (Link to this contribution)

I want to be fair to the IPO. It arranged to have a conversation with me at my request and it was...

Lord Adonis | 795 c43GC (Link to this contribution)

My Lords, my noble friend has made an extremely grave allegation. Would the Minister care to say ...

Lord Henley | 795 c43GC (Link to this contribution)

I will be responding in due course.

Lord Adonis | 795 c43GC (Link to this contribution)

I think that the Grand Committee will be extremely concerned to have information on this point. I...

Lord Deben | 795 c43GC (Link to this contribution)

What is more, that one person was selected but clearly not trusted.

Lord Henley | 795 c43GC (Link to this contribution)

I was going to leave this to the end and I suspect that any intervention I make will just prolong...

Lord Warner | 795 c43GC (Link to this contribution)

I flatly reject the idea that the BIA was consulted on the exclusivity aspects of these regulatio...

Lord Adonis | 795 c43GC (Link to this contribution)

My Lords, we seem to have a serious situation where the Minister has just said that one body of c...

Lord Henley | 795 c43GC (Link to this contribution)

The exclusivity point is for another regulation on the MHRA.

Lord Warner | 795 c43GC (Link to this contribution)

The exclusivity point is a key element in these regulations, as I made clear. If the Minister loo...

Lord Henley | 795 c43GC (Link to this contribution)

My Lords, I am not sure if it is helpful to continue this discussion. That point is for another r...

Lord Foulkes of Cumnock | 795 c44GC (Link to this contribution)

I wonder if the Minister could help me out. I have been listening to the speeches since I came ba...

Lord Henley | 795 c44GC (Link to this contribution)

My Lords, I will continue with these regulations: I have moved them. No doubt the noble Lord will...

Lord Adonis | 795 c44GC (Link to this contribution)

My Lords, a situation has arisen where there is a serious difference of view, to put it mildly—

Lord Adonis | 795 c44GC (Link to this contribution)

A difference of fact, as my noble friend has just said, between the Minister and my noble friend ...

Lord Deben | 795 c44GC (Link to this contribution)

Is the noble Lord not being a bit unfair to the Minister? Is the real problem here not the word “...

Lord Adonis | 795 cc45-6GC (Link to this contribution)

The noble Lord makes a very good point. The Minister himself played no part in this process. All ...

Lord Foulkes of Cumnock | 795 c46GC (Link to this contribution)

I shall pretend to be a Minister and say that I shall look at that very carefully.

Lord Adonis | 795 cc46-7GC (Link to this contribution)

In the want of a better solution, I shall recommend to the Government that my noble friend Lord F...

Baroness Bowles of Berkhamsted | 795 cc47-8GC (Link to this contribution)

Maybe I should start with the last thing; I understand the point but I have not investigated it m...

Lord Clement-Jones | 795 cc48-9GC (Link to this contribution)

My Lords, we have to conclude after the debate so far that this SI is holed below the waterline a...

Lord Warner | 795 c49GC (Link to this contribution)

I am sorry to interrupt the noble Lord further but I want to give a bit of support to what he is ...

Lord Clement-Jones | 795 c49GC (Link to this contribution)

I thank the noble Lord for that intervention because that is exactly the impression that I had go...

Lord Stevenson of Balmacara | 795 cc49-50GC (Link to this contribution)

My Lords, this has been a good debate that has raised lots of issues. I think the noble Lord, Lor...

Lord Adonis | 795 cc50-1GC (Link to this contribution)

My Lords, I am grateful to my noble friend for giving way. Does he not think that the best way of...

Lord Stevenson of Balmacara | 795 c51GC (Link to this contribution)

My Lords, I regularly spend most of my day with Alice in Wonderland because I think that it is a ...

Lord Henley | 795 c51GC (Link to this contribution)

My Lords, I confess that I cannot begin to answer the noble Lord’s question about the Isle of Man...

Lord Foulkes of Cumnock | 795 c51GC (Link to this contribution)

The Minister has been very kind and polite, and I am most grateful to him. Talking about the impo...

Lord Henley | 795 c52GC (Link to this contribution)

My Lords, I am always kind and polite to the noble Lord. I know he is a delicate flower and does ...

Lord Henley | 795 c52GC (Link to this contribution)

Will the noble Baroness let me finish? I will then give way. She must not be quite so enthusiasti...

Baroness Kingsmill | 795 c52GC (Link to this contribution)

My Lords, it surprises me that the Minister is not concerned by the extent of the statutory instr...

Lord Henley | 795 c53GC (Link to this contribution)

My Lords, I simply do not accept that point. The fact is that we are doing them now and giving th...

Lord Henley | 795 c53GC (Link to this contribution)

My Lords, I am on my feet, and I will give way to the noble Baroness when I wish. I will now give...

Baroness Kingsmill | 795 c53GC (Link to this contribution)

May I just say that we have been at this for getting on for four hours? If we proceed at this pac...

Lord Henley | 795 cc53-4GC (Link to this contribution)

My Lords, the noble Baroness is getting on to wider questions. I cannot remember whether it is in...

Lord Warner | 795 c54GC (Link to this contribution)

I just want to clarify for the Minister that the damage to the life sciences will be wider as a r...

Lord Henley | 795 cc54-5GC (Link to this contribution)

The noble Lord is right to point to the importance of the life sciences sector, and I am grateful...

Lord Clement-Jones | 795 c55GC (Link to this contribution)

I apologise to the Minister but actually it was not the Bristows opinion; the 39-page opinion tha...

Lord Henley | 795 c55GC (Link to this contribution)

I look forward to reading the opinion that has emanated from Brick Court Chambers in due course. ...

Lord Clement-Jones | 795 c55GC (Link to this contribution)

That was the noble Lord, Lord Adonis.

Lord Henley | 795 c55GC (Link to this contribution)

I apologise to the noble Lord, Lord Adonis. I will no doubt study, as will my officials, both the...

Lord Adonis | 795 cc55-6GC (Link to this contribution)

Before the Minister sits down, he has very kindly said that he will write to respond to a number ...

Lord Henley | 795 c56GC (Link to this contribution)

I think that the noble Lord would not expect me to respond quite as positively as he wishes. It m...

Baroness Bowles of Berkhamsted | 795 c56GC (Link to this contribution)

I have two points before the Minister sits down. First, I do not think he replied to my point abo...

Lord Henley | 795 c56GC (Link to this contribution)

My Lords, I will write to the noble Baroness on both those points.

Lord Adonis | 795 c56GC (Link to this contribution)

My Lords, a moment ago the Minister mentioned writing to “appropriate Peers”. I have never before...

Lord Henley | 795 c57GC (Link to this contribution)

This is one occasion where I can give a categorical assurance to the noble Lord, because he merel...

Lord Adonis | 795 c57GC (Link to this contribution)

My Lords, I am grateful to the Minister for seeking to define “appropriate”, but I do not think t...

Lord Henley | 795 c57GC (Link to this contribution)

I am grateful to the noble Lord, because obviously he always considers what is important to the H...

Baroness Finlay of Llandaff | 795 c57GC (Link to this contribution)

The Question is that the Grand Committee do consider the Patents (Amendment) (EU Exit) Regulation...

Baroness Finlay of Llandaff | 795 c57GC (Link to this contribution)

My Lords, I must remind the Grand Committee that a single call of “Not content” has the effect of...

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