Document ID: chunk:federal_register_of_legislation:C2004A04827:body:0:p6
Version: federal_register_of_legislation:C2004A04827
Segment Type: other
Provision Reference: 
Character Range: 12270–13894

under court order

"165A(1) A prescribed court may, on the application of the nominated person or the patentee, declare that the exploitation of the invention by the Commonwealth or the State is not, or is no longer, necessary for the proper provision of services of the Commonwealth or of the State if the court is satisfied that, in all the circumstances of the case, it is fair and reasonable to make the declaration.

"(2) The court may further order that the Commonwealth or the State is to cease to exploit the invention:

  (a) on and from the day specified in the order; and

  (b) subject to any conditions specified in the order.

In making the order, the court is to ensure that the legitimate interests of the Commonwealth or of the State are not adversely affected by the order.".

Application

17. The amendments made by this Part do not apply to an invention that was being exploited by a relevant authority under section 163 immediately before the commencement of this Part.

                         SCHEDULE Section 6

FURTHER AMENDMENTS OF THE PATENTS ACT 1990

1. Section 3:

  Omit "marketing approval" and "marketing approval certificate".

2. Subsections 83(2) and (3):

  Omit.

3. Section 84:

  Repeal.

4. Subsection 223(5):

  Omit.

5. Section 232:

  Repeal.

6. Schedule 1 (definitions of "marketing approval" and "marketing approval certificate"):

  Omit.

NOTE

  1. No. 83, 1990, as amended. For previous amendments, see No. 66, 1991; and Nos. 58 and 108, 1994.

[Minister's second reading speech made in—
     House of Representatives on 18 October 1994
     Senate on 7 November 1994]