Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p43
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 111015–113834

Grant of certification—expired patent etc.
  For paragraph 3.25B(4)(c), this regulation applies to a request if the request is in respect of:
 (a) a patent application that has lapsed or has been refused or withdrawn; or
 (b) a patent that is expired, ceased or revoked.

3.25G  Imposing conditions on certification
  If the Commissioner grants the requested certification under regulation 3.25B, the Commissioner may impose any conditions the Commissioner considers reasonable, including a condition that the person making the request give security for damages for any breach of the undertaking mentioned in paragraph 3.25C(1)(a) given by:
 (a) the person; or
 (b) another person who has been nominated by the person as a skilled addressee.

3.25H  Notice of decision on certification request
 (1) If the Commissioner makes a decision under regulation 3.25B (including a decision about imposing conditions under regulation 3.25G), the Commissioner must notify each person mentioned in subregulation (2) of the decision, and the reasons for the decision, as soon as practicable after the date of the decision.
 (2) For subregulation (1), the persons are as follows:
 (a) the person who made the request;
 (b) the applicant or patentee;
 (c) any other person who apparently has an interest in the request.

3.26  Breach of undertakings given in respect of micro‑organisms
 (1) Where the micro‑organism is deposited with a prescribed depositary institution, proceedings for breach of an undertaking referred to in paragraph 3.25(4)(c) may be instituted in a prescribed court by a person who is:
 (a) if a patent has not been granted on that patent application—the applicant; or
 (b) if:
 (i) a patent has been granted on that patent application; or
 (ii) the deposit is effected in relation to a patent;
  the patentee of, or an exclusive licensee under, that patent.
 (2) In proceedings by an exclusive licensee, the patentee must be a party to the proceedings.
 (3) A patentee joined as a defendant in the proceedings by an exclusive licensee is not liable for costs unless the patentee enters an appearance and takes part in the proceedings.
 (4) It is a defence in proceedings for breach of the undertaking given in respect of a micro‑organism to which a specification filed in respect of a patent application or patent relates, that when the matters complained of took place the specification did not comply with the requirements referred to in paragraph 6(c) or (d) of the Act.
 (5) A defendant may not plead a defence referred to in subregulation (4) unless:
 (a) the defendant, before becoming a defendant in the proceedings, notified the Commissioner under paragraph 3.29(1) of the deposit requirement that has ceased to be satisfied; and
 (b) the applicant for the patent or the patentee fails to take the steps