Document ID: chunk:federal_register_of_legislation:C2024C00455:section:133:p2
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 133 (pt 2/3)
Character Range: 157231–159872

(3A) If the applicant is the patentee of the dependent invention, the order must:
 (a) require the patentee to grant to the applicant a licence to exploit the original invention only to the extent necessary to exploit the dependent invention; and
 (b) if the patentee so requires—require the applicant to grant to the patentee a licence on reasonable terms to exploit the dependent invention.
 (3B) An order must direct that a licence:
 (a) is not to give the licensee, or a person authorised by the licensee, the exclusive right to exploit the original invention or the dependent invention (if applicable); and
 (b) is to be assignable only in connection with an enterprise or goodwill in connection with which the licence is used.
 (3C) An order may direct that a licence is to be granted on any other terms specified in the order that the court thinks fit. Such terms must be consistent with the public interest, having regard to the matters specified in paragraph (3)(e).

Effect of order
 (4) An order operates, without prejudice to any other method of enforcement, as if it were embodied in a deed granting a licence and executed by the patentee and all other necessary parties.
 (5) The patentee is to be paid in respect of a licence granted to the applicant under an order:
 (a) such amount as is agreed between the patentee and the applicant; or
 (b) if paragraph (a) does not apply—such amount as is determined by the Federal Court to be just and reasonable, having regard to:
 (i) the economic value of the licence; and
 (ii) if the order is made because the court is satisfied that the patentee has contravened, or is contravening, Part IV of the Competition and Consumer Act 2010 or an application law (as defined in section 150A of that Act) in connection with the patent—the desirability of discouraging contraventions of that Part or an application law; and
 (iii) the right of the patentee to obtain a return on investment commensurate with the regulatory and commercial risks involved in developing the invention; and
 (iv) the public interest in ensuring that demand in Australia for the original invention is met on reasonable terms.

Revocation of licence
 (6) The patentee or the Federal Court may revoke a licence if:
 (a) the patentee and the licensee are agreed, or the court on application made by either party finds, that the circumstances that justified the grant of the licence have ceased to exist and are unlikely to recur; and
 (b) the legitimate interests of the licensee are not likely to be adversely affected by the revocation.
 (7) If:
 (a) the licence is revoked by the Federal Court; and
 (b) the order