Commonwealth Consolidated Acts

DESIGNS ACT 2003 - SECT 91

  (1)   This section applies if a court makes an order granting a licence under section   90.

  (2)   The order must direct that the licence:

  (a)   does not give the licensee any exclusive rights in the design; and

  (b)   is to be assignable only in connection with an enterprise or goodwill in connection with which the licence is used;

and may direct that the licence is to be granted on any other terms specified in the order.

  (3)   The order operates, without prejudice to any other method of enforcement, as if it were embodied in a deed granting a licence and executed by the registered owner of the design and all other necessary parties.

  (4)   The applicant is to pay the registered owner of the design:

  (a)   such amount as is agreed between the applicant and the registered owner of the design; or

  (b)   if paragraph   (a) does not apply--such amount as is determined by a prescribed court to be just and reasonable having regard to the economic value of the licence.

  (5)   The registered owner of the design or a prescribed court may revoke the licence if:

  (a)   the registered owner of the design and the licensee are agreed, or the court on application made by either party finds, that the circumstances that justified the grant of the licence have ceased to exist and are unlikely to recur; and

  (b)   the legitimate interests of the licensee are not likely to be adversely affected by the revocation.