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Report No. 01

31. Section 3.-

Though it is not strictly a case of liability in tort [some text¬book writers, however, e.g., Salmond (11th Edn., p. 716) include them in torts] section 3 of the Act makes the Crown liable for the infringement by a servant or agent of the Crown of a patent, a registered trade mark and a copyright including any copyright and design vested under the Patents & Designs Acts, 1907 to 1946. The infringement, however, must have been committed with the authority of the Crown.



Liability of the State in Tort Back




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