The Federal Court may make an order under this Part requiring the grant of a compulsory licence to exploit a patented pharmaceutical invention for manufacture and export to an eligible importing country.

The court may order a compulsory licence to be granted if the proposed use of the pharmaceutical product is to address a public health issue in the eligible importing country:

  (a)   in a national emergency (or other extremely urgent circumstances); or

  (b)   by the public non - commercial use of the product.

The order may be amended or revoked by another order of the court.

The patentee must be paid an agreed amount of remuneration, or an amount of remuneration determined by the court.