Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 136G

Application for order

  (1)   A person may apply to the Federal Court for an order amending any of the following terms of a PPI compulsory licence:

  (a)   the quantity of the pharmaceutical product concerned;

  (b)   how the pharmaceutical product is labelled and marked;

  (c)   the duration of the licence;

  (d)   the information that is to be made available by the licensee and the way it is to be made available.

Note:   For remuneration in respect of the licence as amended, see section   136J.

Order

  (2)   The court may make the order sought in relation to a term if it is satisfied that:

  (a)   it is just to do so in all the circumstances; and

  (b)   the legitimate interests of the following are not likely to be adversely affected by the amendment of the term:

  (i)   the patentee;

  (ii)   any person claiming an interest in the patent as exclusive licensee or otherwise;

  (iii)   the licensee;

  (iv)   the eligible importing country.

  (3)   However, an amended term must not be inconsistent with any regulations prescribed for the purposes of paragraph   136F(1)(c), (d) or (h).

Parties

  (4)   The following are parties to any proceedings under this section:

  (a)   the applicant under subsection   (1);

  (b)   the patentee;

  (c)   any person claiming an interest in the patent as exclusive licensee or otherwise;

  (d)   the licensee;

  (e)   at the option of the eligible importing country--that country.