Commonwealth Numbered Acts

PATENTS (WORLD TRADE ORGANIZATION AMENDMENTS) ACT 1994 No. 154, 1994 - SECT 16

16. After section 165 of the Principal Act the following section is inserted:
Exploitation of invention to cease under court order

"165A.(1) A prescribed court may, on the application of the nominated person
or the patentee, declare that the exploitation of the invention by the
Commonwealth or the State is not, or is no longer, necessary for the proper
provision of services of the Commonwealth or of the State if the court is
satisfied that, in all the circumstances of the case, it is fair and
reasonable to make the declaration.



"(2) The court may further order that the Commonwealth or the State is to
cease to exploit the invention:

   (a)  on and from the day specified in the order; and

   (b)  subject to any conditions specified in the order. In making the order,
        the court is to ensure that the legitimate interests of the
        Commonwealth or of the State are not adversely affected by the
        order.".