Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_27
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 39185–40229

27  Transfer of intellectual property rights
 (1) The retailer or wholesaler must not directly or indirectly require a supplier to transfer or exclusively license any intellectual property right held by the supplier in relation to a grocery product as a condition or term of supply of an equivalent own brand product of the retailer or wholesaler (as the case may be).
 (2) Subclause (1) does not prevent the retailer or wholesaler from:
 (a) holding an intellectual property right in an own brand product of the retailer or wholesaler; or
 (b) having an exclusive right to the retail sale of an own brand product of the retailer or wholesaler; or
 (c) making the holding of a right covered by paragraph (a) or (b) by the retailer or wholesaler a condition or term of supply by the supplier of an own brand product of the retailer or wholesaler, to the extent the product, recipe or formulation of the product:
 (i) was developed or formulated by or for the retailer or wholesaler; or
 (ii) is customised by or for the retailer or wholesaler.