Document ID: chunk:federal_register_of_legislation:C2015A00008:clause:1_132b
Version: federal_register_of_legislation:C2015A00008
Segment Type: clause
Provision Reference: sch 1 cl 132B
Character Range: 11192–12357

132B  Simplified outline of this Part

      The Federal Court may make an order under this Part requiring the grant of a compulsory licence to work a patented invention.
      The court may order a compulsory licence to be granted if the reasonable requirements of the public are not being met with respect to a patented invention.
      The reasonable requirements of the public relate, broadly speaking, to whether Australian trade or industry is unreasonably affected by the actions of the patentee in relation to the manufacture or licensing of the invention (or the carrying on of a patented process).
      The court may also order a compulsory licence to be granted if the patentee has engaged in restrictive trade practices in connection with the patent under the Competition and Consumer Act 2010 or under an application law (within the meaning of that Act).
      The court may order a patent to be revoked after an order for a compulsory licence has been made (on the same grounds that apply to an order for a compulsory licence).
      The patentee must be paid an agreed amount of remuneration, or an amount of remuneration determined by the court.