Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p20
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 20/73)
Character Range: 203680–206389

order;
 (b) the place at which the revocation order was made.
 (7) The information mentioned in subregulation (6) must be given to the Commissioner:
 (a) in the approved form; and
 (b) within 1 month after the Federal Court makes the order revoking the licence.

Agreement or determination of remuneration
 (8) If an amount of remuneration for the licence is agreed under paragraph 136J(3)(a) of the Act or determined by the Federal Court under paragraph 136J(3)(b) of the Act, the licensee must give the Commissioner a statement that an amount of remuneration has been agreed or determined, as the case may be.
 (9) The information mentioned in subregulation (8) must be given to the Commissioner:
 (a) in the approved form; and
 (b) within 1 month after the agreement is reached or the determination is made.

12.2F  Dealing with information provided under regulation 12.2E
 (1) If the Commissioner receives the information mentioned in subregulation 12.2E(2) in relation to the grant of a PPI compulsory licence, the Commissioner must:
 (a) if the eligible importing country is a WTO member—give a copy of the information to the Council for TRIPS; or
 (b) in any other case—publish the information on the internet.
 (2) If the Commissioner receives the information mentioned in subregulation 12.2E(8) in relation to a licence, the Commissioner must give the eligible importing country to which the licence relates a notice stating that the licensee has advised that an amount of remuneration in respect of the licence has been agreed or determined, as the case may be.

Part 3—Surrender and revocation of patents

12.3  Form of notice: offer to surrender patent
 (1) A notice under subsection 137(1) of the Act must be in the approved form.
 (2) Notice of an offer to surrender under subsection 137(2) of the Act must be published in the Official Journal.
 (3) An interested person must, not later than 1 month after the publication, give the Commissioner notice of his or her wish to be heard under subsection 137(3) of the Act.
 (4) The Commissioner may, as a preliminary issue, hear and determine the question of the right of the person concerned to be heard.

12.4  Applications to revoke patents
 (1) An applicant to a prescribed court for an order to revoke a patent under subsection 138(1) of the Act must include, in the pleading or another document disputing the validity of the patent:
 (a) particulars of the grounds on which the applicant relies; and
 (b) for an innovation patent—the date on which the patent was certified.
 (2) If 1 of those grounds is that the invention is not a patentable invention because of information about the invention in a document or through the doing of an act,