Document ID: chunk:federal_register_of_legislation:C2024C00632:section:26d:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 26D (pt 2/2)
Character Range: 286008–286893

applicant referred to in paragraph (1)(a) against whom the interlocutory injunction was made:
 (i) on the basis of an account of the gross profits of the patentee arising from the sale by it in Australia of the therapeutic goods the subject of the interlocutory injunction, during the period of the interlocutory injunction, without requiring the said applicant to establish or quantify its actual loss; or
 (ii) on such other basis as the court determines to be appropriate; and
 (b) award to the Commonwealth compensation for any damages sustained, or costs incurred, by it as a result of the grant of the interlocutory injunction; and
 (c) award to a State or a Territory compensation for any damages sustained, or costs incurred, by it as a result of the grant of the interlocutory injunction.
 (6) In this section:
prescribed court has the same meaning as in the Patents Act 1990.