Document ID: chunk:federal_register_of_legislation:C2020A00009:clause:4_2
Version: federal_register_of_legislation:C2020A00009
Segment Type: clause
Provision Reference: sch 4 cl 2
Character Range: 27938–29027

2  Section 132B
Omit:

      The court may order a compulsory licence to be granted if the reasonable requirements of the public are not being met with respect to a patented invention.
      The reasonable requirements of the public relate, broadly speaking, to whether Australian trade or industry is unreasonably affected by the actions of the patentee in relation to the manufacture or licensing of the invention (or the carrying on of a patented process).
substitute:
      The court may order a compulsory licence to be granted if certain conditions are met, including that demand in Australia for the invention is not being met on reasonable terms, authorisation to exploit the invention is essential to meet that demand and it is in the public interest to grant the licence. If the person seeking the compulsory licence is the patentee of another invention and is seeking the licence to exploit that other invention, the court must also be satisfied that the other invention involves an important technical advance of considerable economic significance on the original invention.