Document ID: chunk:federal_register_of_legislation:C2004A04827:body:0:p5
Version: federal_register_of_legislation:C2004A04827
Segment Type: other
Provision Reference: 
Character Range: 9813–12504

in connection with which the licence is used;

and may direct that the licence is to be granted on any other terms specified in the order.

(8) An order operates, without prejudice to any other method of enforcement, as if it were embodied in a deed granting a licence and executed by the patentee and all other necessary parties.

(9) The patentee is to be paid in respect of a licence granted to the applicant under an order:

  (a) such amount as is agreed between the patentee and the applicant; or

     (b) if paragraph (a) does not apply—such amount as is determined by a prescribed court to be just and reasonable having regard to the economic value of the licence.

(10) The patentee, and any person claiming an interest in the patent as exclusive licensee or otherwise, are parties to any proceedings under this section.

  (11) In any proceedings under this section:

     (a) the applicant must serve a copy of the application on the Commissioner; and

  (b) the Commissioner may appear and be heard.

(12) An office copy of an order made under this section must be served on the Commissioner by the Registrar or other appropriate officer of the court that made the order.

(13) Section 134 of the Principal Act does not apply in the case of a compulsory licence granted under an order made under this section.

Application

  13. The amendments made by this Part do not apply to:

  (a) an application under section 133 of the Principal Act; or

  (b) an order under section 133 or 134 of that Act;

made before this Part commences.

PART 5—CROWN USE

Exploitation of inventions by Crown

14. Section 163 of the Principal Act is amended by adding at the end the following subsection:

"(3) Subject to section 168, an invention is taken for the purposes of this Part to be exploited for services of the Commonwealth or of a State if the exploitation of the invention is necessary for the proper provision of those services within Australia.".

Remuneration and terms for exploitation

  15. Section 165 of the Principal Act is amended:

  (a) by omitting subsection (1);

     (b) by omitting from subsection (2) "Subject to subsection (1), the" and substituting "The";

     (c) by inserting in subsection (2) "(including terms concerning the remuneration payable to the nominated person or the patentee)" after "invention".

  16. After section 165 of the Principal Act the following section is inserted:

Exploitation of invention to cease under court order

"165A(1) A prescribed court may, on the application of the nominated person or the patentee, declare that the exploitation of the invention by the Commonwealth or the State is not, or is no longer, necessary for the