Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:6_126
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 6 cl 126
Character Range: 119828–120537

126  Proceedings for non‑infringement declarations
 (1) A prescribed court must not make a non‑infringement declaration unless:
 (a) the applicant for the declaration:
 (i) has asked the patentee in writing for a written admission that the doing of the act has not infringed, or would not infringe, the patent; and
 (ii) has given the patentee full written particulars of the act done, or proposed to be done; and
 (iii) has undertaken to pay a reasonable sum for the patentee's expenses in obtaining advice about whether the act has infringed or would infringe the claim; and
 (b) the patentee has refused or failed to make the admission.
 (2) The court may make orders as to costs as the court thinks fit.