Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 17

Directions to co-owners

             (1)  Where there are 2 or more patentees, the Commissioner may, on the application of any of them, give such directions in accordance with the application as the Commissioner thinks fit, being directions about:

                     (a)  a dealing with the patent or an interest in it; or

                     (b)  the grant of licences under the patent; or

                     (c)  the exercise of a right under section 16 in relation to the patent.

             (2)  If a patentee fails to do anything necessary to carry out a direction under subsection (1) within 14 days after being asked in writing to do so by one of the other patentees, the Commissioner may, on the application of one of those other patentees, direct a person to do it in the name and on behalf of the defaulting patentee.

             (3)  Before giving a direction, the Commissioner must give an opportunity to be heard:

                     (a)  in the case of an application by a patentee or patentees under subsection (1)--to the other patentee or patentees; and

                     (b)  in the case of an application under subsection (2)--to the defaulting patentee.

             (4)  The Commissioner must not give a direction that:

                     (a)  affects the rights or obligations of a trustee or of the legal representative of a deceased person, or rights or obligations arising out of either of those relationships; or

                     (b)  is inconsistent with the terms of an agreement between the patentees.



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