Document ID: chunk:federal_register_of_legislation:C2020A00009:clause:4_7
Version: federal_register_of_legislation:C2020A00009
Segment Type: clause
Provision Reference: sch 4 cl 7
Character Range: 32221–33078

7  Paragraph 133(5)(b)
Repeal the paragraph, substitute:
 (b) if paragraph (a) does not apply—such amount as is determined by the Federal Court to be just and reasonable, having regard to:
 (i) the economic value of the licence; and
 (ii) if the order is made because the court is satisfied that the patentee has contravened, or is contravening, Part IV of the Competition and Consumer Act 2010 or an application law (as defined in section 150A of that Act) in connection with the patent—the desirability of discouraging contraventions of that Part or an application law; and
 (iii) the right of the patentee to obtain a return on investment commensurate with the regulatory and commercial risks involved in developing the invention; and
 (iv) the public interest in ensuring that demand in Australia for the original invention is met on reasonable terms.