Victorian Numbered Regulations

SUPREME COURT (INTELLECTUAL PROPERTY) RULES 2016 (SR NO 107 OF 2016) - REG 6.04

In a proceeding for the grant of a compulsory licence under section 90 of the Designs Act, particulars of the application shall ¾

        (a)     specify the products embodying the design which have not been made in Australia, to the extent that is reasonable in the circumstances of the case;

        (b)     specify the country, if practicable, in which each product is made; and

        (c)     state the acts, facts, matters and circumstances intended to be relied on to show that—

              (i)     the registered owner of the design has given no satisfactory reason for failing to exercise the exclusive rights in the design; and

              (ii)     the applicant has tried for a reasonable period, without success, to obtain from the registered owner of the design an authorisation to do, on reasonable terms and conditions, any of the things (specifying which) referred to in section 10(1)(a) to (e) of the Designs Act in relation to the design.