Commonwealth Consolidated Acts

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Infringement proceedings

             (1)  Subject to subsection (1A), infringement proceedings may be started in a prescribed court, or in another court having jurisdiction to hear and determine the matter, by the patentee or an exclusive licensee.

          (1A)  Infringement proceedings in respect of an innovation patent cannot be started unless the patent has been certified.

             (2)  If an exclusive licensee starts infringement proceedings, the patentee must be joined as a defendant unless joined as a plaintiff.

             (3)  A patentee joined as a defendant is not liable for costs unless the patentee enters an appearance and takes part in the proceedings.

             (4)  Infringement proceedings must be started within:

                     (a)  3 years from the day on which the relevant patent is granted; or

                     (b)  6 years from the day on which the infringing act was done;

whichever period ends later.

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