Document ID: chunk:federal_register_of_legislation:C2025C00142:section:123
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 123
Character Range: 169896–170608

123  Effect on the Patents Act of compliance with this Act
 (1) To avoid doubt, this Act does not have the effect that the use of an invention that is or relates to a regulated tobacco item would be contrary to law for the purposes of the following provisions of the Patents Act:
 (a) paragraph 50(1)(a);
 (b) paragraph 101B(2)(d);
 (c) subparagraph 101E(1)(a)(iv).
 (2) A failure to exploit (within the meaning of the Patents Act) a patented invention merely as a result of complying with the requirements of this Act does not, of itself, constitute an unsatisfactory failure to exploit the patent for the purposes of paragraph 133(3)(d) of the Patents Act.

Division 3—Additional tobacco product requirements