Document ID: chunk:federal_register_of_legislation:C2020A00009:clause:2_11
Version: federal_register_of_legislation:C2020A00009
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 12379–13207

11  Subsection 165(2)
Repeal the subsection, substitute:
 (1) The terms for the exploitation of an invention in the circumstances mentioned in subsection 163(3) or 163A(3), including terms concerning the remuneration payable to the nominated person or the patentee, are such terms:
 (a) as are agreed, or determined by a method agreed, between the relevant authority and the nominated person or the patentee; or
 (b) in the absence of agreement—as are determined by a prescribed court on the application of the relevant authority, or the nominated person or the patentee.
 (2) Without limiting paragraph (1)(b), the prescribed court must determine an amount of remuneration that is just and reasonable, having regard to the economic value of the exploitation of the invention and any other matter the court considers relevant.