Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 165

Crown exploitation of inventions--terms (including remuneration)

             (1)  The terms for the exploitation of an invention in the circumstances mentioned in subsection 163(3) or 163A(3), including terms concerning the remuneration payable to the nominated person or the patentee, are such terms:

                     (a)  as are agreed, or determined by a method agreed, between the relevant authority and the nominated person or the patentee; or

                     (b)  in the absence of agreement--as are determined by a prescribed court on the application of the relevant authority, or the nominated person or the patentee.

             (2)  Without limiting paragraph (1)(b), the prescribed court must determine an amount of remuneration that is just and reasonable, having regard to the economic value of the exploitation of the invention and any other matter the court considers relevant.

             (3)  For the purposes of this section, the terms, or the method, may be agreed or determined before, during or after the exploitation.

             (4)  When fixing the terms, the court may take into account any compensation that a person interested in the invention or the patent has received, directly or indirectly, for the invention from the relevant authority.



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