Document ID: chunk:federal_register_of_legislation:C2004C00958:clause:1_9:p2
Version: federal_register_of_legislation:C2004C00958
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 2/4)
Character Range: 616060–621278

in column 3 of that item. (If more than one item applies, use the amount arising described in the last applicable item.)

Partial realisation of an item of intellectual property
Item                                                     Event that is a partial realisation                                                                                                                                                                                                              Amount arising from it
  1                                                      you dispose of a part interest in the item (except by transmission by operation of law)                                                                                                                                                          the amount (if any) paid to you for the part interest
  2                                                      you dispose of a part interest in the item (except by transmission by operation of law), to an entity with which you are not dealing at *arm's length, for less than the market value of the part interest at the time of the disposal           that market value
  3                                                      you dispose of a part interest in the item (except by transmission by operation of law) for no consideration                                                                                                                                     so much of your *unrecouped expenditure on the item as is reasonably attributable to that part interest
  4                                                      you dispose of a part interest in the item (except by transmission by operation of law) for no consideration to an entity with which you are not dealing at *arm's length                                                                        the greater of:

                                                                                                                                                                                                                                                                                                          • so much of your *unrecouped expenditure on the item as is reasonably attributable to that part interest; and

                                                                                                                                                                                                                                                                                                          • the market value of the part interest at the time of the disposal
  5                                                      you grant by licence an interest in the patent, registered design or copyright to which the item relates                                                                                                                                         the amount (if any) paid to you for the grant of the licence
  6                                                      you grant by licence, to an entity with which you are not dealing at *arm's length, an interest in the patent, registered design or copyright to which the item relates, for less than the market value of the licence at the time of the grant  that market value
  7                                                      you grant by licence for no consideration an interest in the patent, registered design or copyright to which the item relates                                                                                                                    so much of your *unrecouped expenditure on the item as is reasonably attributable to the licence
  8                                                      you grant by licence for no consideration, to an entity with which you are not dealing at *arm's length, an interest in the patent, registered design or copyright to which the item relates                                                     the greater of:

                                                                                                                                                                                                                                                                                                          • so much of your *unrecouped expenditure on the item as is reasonably attributable to the licence; and

                                                                                                                                                                                                                                                                                                          • the market value of the licence at the time of the grant
  9                                                      the item relates to a patent, and an amount is paid to you (as the owner or former owner of the item) for the exploitation of the invention by:                                                                                                  the amount paid to you

                                                         (a) the Commonwealth or a State;