application under section 13(1)) that recognises or enforces the foreign judgment, to the extent that the judgment was based on a ruling on that question.
(3) However, where the ruling mentioned in subsection (2) is on the validity of an intellectual property right (other than copyright or a related right), the High Court may refuse to recognise or enforce the foreign judgment based on that ruling, may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces the foreign judgment based on that ruling, or may postpone the recognition or enforcement of the foreign judgment based on that ruling, only if—
- (a) that ruling is inconsistent with a judgment or decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or
- (b) proceedings concerning the validity of the intellectual property right are pending in that State.
(4) If any excluded section 9(4)(a) matter arises as a preliminary question in any proceedings resulting in a foreign judgment, the High Court may refuse to recognise or enforce the foreign judgment, or may set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces the foreign judgment, to the extent that the judgment was based on a ruling on that question.
(5) To avoid doubt, subsection (3) does not affect the powers of the High Court under subsection (4) and sections 14, 15 and 16 to refuse to recognise or enforce, or to set aside an order (made pursuant to an application under section 13(1)) that recognises or enforces, a foreign judgment mentioned in subsection (3).
(6) In this section—
- “excluded section 9(2) matter” means any matter mentioned in section 9(2) to which this Act does not apply;
- “excluded section 9(4)(a) matter” means any matter mentioned in section 9(4)(a) to which this Act does not apply.
