Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:7_26b
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 7 cl 26B
Character Range: 131354–132796

26B  Certificates required in relation to patents

 (1) The certificate required by this subsection is either:
 (a) a certificate to the effect that the applicant, acting in good faith, believes on reasonable grounds that it is not marketing, and does not propose to market, the therapeutic goods in a manner, or in circumstances, that would infringe a valid claim of a patent that has been granted in relation to the therapeutic goods; or
 (b) a certificate to the effect that:
 (i) a patent has been granted in relation to the therapeutic goods; and
 (ii) the applicant proposes to market the therapeutic goods before the end of the term of the patent; and
 (iii) the applicant has given the patentee notice of the application for registration or listing of the therapeutic goods under section 23.
The certificate must be signed by, or on behalf of, the applicant and must be in a form approved by the Secretary.

 (2) A person is guilty of an offence if:
 (a) the person gives a certificate required under subsection (1); and
 (b) the certificate is false or misleading in a material particular.

Maximum penalty: 1,000 penalty units.

 (3) For the purposes of this section, a patent is taken to have been granted in relation to therapeutic goods if marketing the goods without the authority of the patentee would constitute an infringement of the patent.

 (4) In this section:

patent has the same meaning as in the Patents Act 1990.