Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:37
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 37
Character Range: 49891–50968

37  Transfer of intellectual property rights
 (1) A large grocery business 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 large grocery business (as the case may be).
Civil penalty: 600 penalty units.
 (2) Subsection (1) does not prevent the large grocery business from:
 (a) holding an intellectual property right in an own brand product of the large grocery business; or
 (b) having an exclusive right to the retail sale of an own brand product of the large grocery business; or
 (c) making the holding of a right covered by paragraph (a) or (b) by the large grocery business a condition or term of supply by the supplier of an own brand product of the large grocery business, to the extent the product, recipe or formulation of the product:
 (i) was developed or formulated by or for the large grocery business; or
 (ii) is customised by or for the large grocery business.