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139. There is little doubt that the basic intention of the " working " provisions of the British Act is to require or, in appropriate cases, to enforce manufacture in the United Kingdom where most patented articles can readily be manufactured. In New Zealand, on the other hand, circumstances differ, in that there are a number of patented articles which it is not possible to manufacture here, and reliance must necessarily be placed on their continued importation during the term of the patent. 140. While we do not think, so far as private applicants for compulsory licences are concerned, that the law should be extended beyond that obtaining under the British Act of 1949, we believe that there may be cases in which it would be in the public interest that a Government Department should have the right to seek a compulsory licence or licences to import the patented article from abroad. We recommend, therefore, that provision be made to that effect. The extension we propose would, of course, be subject to an over-riding restriction, as in the British Act of 1949, to the effect that no order shall be made which will be at variance with any treaty, convention, arrangement, or engagement applying to the United Kingdom and any convention country. 141. It will be observed that section 43, subsection (6), of the British Act of 1949 provides that in any proceedings on an application made in relation to a patent under sections 37 to 42 of the Act any statement with respect to the making, using, exercising, or vending of the patented invention, or with respect to the grant or refusal of licences under the patent contained in the report of the Monopolies and Restrictive Practices Commission as laid before Parliament under section 9 of the Monopolies and Restrictive Practices (Inquiry and Control) Act, 1948, shall be prima, facie evidence of the matter therein contained. 142. It thus appears that, although by no means limited to that object, section 40 of the British Act of 1949 is intended to enable the Crown to take the necessary steps when any report laid before Parliament under the Monopolies and Restrictive Practices (Inquiry and Control) Act, 1948, shows that (inter alia) there has been abuse of monopoly rights in respect of patents. We have already discussed the British Monopolies Act, and will again refer to it. 143. Section 41 of the British Act of 1949 takes the place of the previous section 38, subsection (3), and the substantial differences between it and the earlier section he in the fact that the Comptroller is now directed to grant a licence to any applicant unless it appears to him that there are good reasons for refusing the application where the patent relates to a substance capable of being used as a food or medicine or in the production of food or medicine, or an invention capable of being used as, or as part of, a surgical or curative device. The compulsory licence in either case is limited to the application of the invention to a food or medicine or to a surgical or curative device, as the case may be. Under the earlier section 38a there was no right to a grant of a licence in respect of surgical or curative devices, and it was not possible to obtain a patent for a substance capable of being used as a food or medicine except when produced by the process described in the specifications or its obvious chemical equivalent. Section 41 of the 1949 Act appears to us to be eminently suitable for incorporation in any amendment of the New Zealand law. 144. Finally, it is important to note that by virtue of section 45, subsection (3), it is provided that no order shall be made in pursuance of any application under sections 37 to 42 of the Act which would be at variance with any treaty, convention, arrangement, or engagement applying to the United Kingdom or any convention country. The alterations in the law made in the sections in question apparently were so far-reaching in their possible effect that it was thought desirable that any international commitments which may have been made should be protected. Owing to the fact that so many applications for letters patent in New Zealand emanate from abroad and in many cases are filed under the International Convention, it is particularly important that a similar clause be included in any Amendment Act passed in New Zealand.

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