Commonwealth Consolidated Acts

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Crown exploitation of inventions--emergencies

             (1)  Exploitation of an invention in the circumstances mentioned in subsection (3) is not an infringement of:

                     (a)  if a patent application for the invention is pending--the nominated person's rights in the invention; or

                     (b)  if a patent has been granted for the invention--the patent.

             (2)  Despite subsection (1), if terms relating to the exploitation of the invention have been agreed or determined in accordance with section 165, the exploitation is an infringement unless the terms are complied with.

             (3)  The circumstances are as follows:

                     (a)  the relevant Minister considers that the exploitation is required because of an emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) relates;

                     (b)  the relevant Minister approves, in writing, the exploitation before the exploitation starts;

                     (c)  the invention is exploited for Crown purposes;

                     (d)  if the exploitation is by a person authorised by a relevant authority for the purposes of subparagraph 160A(1)(b)(ii)--the person is authorised by the relevant authority before the exploitation starts.

             (4)  As soon as practicable after the relevant Minister approves the proposed exploitation, the relevant Minister must give the applicant and the nominated person, or the patentee:

                     (a)  a copy of the approval referred to in paragraph (3)(b); and

                     (b)  a written statement of reasons for approving the exploitation.

Note:          Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

             (5)  An approval given under paragraph (3)(b) is not a legislative instrument.

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