Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person may apply to a prescribed court, after the end of the prescribed period, for an order requiring the registered owner of a registered design to grant the person a licence to do any of the things mentioned in paragraphs 10(1)(a) to (e) in relation to the design.
(2) An application under subsection (1) may not be made unless a certificate of examination has been issued.
(3) After hearing the application, the court may make such an order if it is satisfied that:
(a) products embodying the design have not been made in Australia, to the extent that is reasonable in the circumstances of the case; and
(b) the registered owner of the design has given no satisfactory reason for failing to exercise the exclusive rights in the design; and
(c) the applicant has tried for a reasonable period, but without
success, to obtain from the registered owner of the design an authorisation to
do, on reasonable terms and conditions, any of the things mentioned in
paragraphs 10(1)(a) to (e) in relation to the design.