New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.14

Compulsory licences, revocation etc

48.14 Compulsory licences, revocation etc

(cf SCR Part 81, rule 21)

(1) The originating process in proceedings under section 133(1), 134(1) or 138(1) of the Patents Act 1990 of the Commonwealth must be served--
(a) on the patentee, and
(b) as a further defendant--on any person who claims an interest in the patent as exclusive licensee, and
(c) on the Commissioner.
(2) A plaintiff in proceedings to which subrule (1) applies must comply with Chapter 12 of the Patents Regulations 1991 of the Commonwealth.
(3) If an application under section 133(1) or 138(1) of the Patents Act 1990 of the Commonwealth relates to an innovation patent, the originating process or its supporting affidavit must state the date when the innovation patent was granted under that Act.
(4) An application for leave under section 137(4) of the Patents Act 1990 of the Commonwealth may be made by motion in the proceedings pending in the Supreme Court.



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