Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 136H

Application

  (1)   A person may apply to the Federal Court for an order revoking a PPI compulsory licence.

Note:   For remuneration in respect of the use of a PPI compulsory licence while it is in force, see section   136J.

Federal Court may revoke licence

  (2)   The Federal Court may make the order sought if the court is satisfied that:

  (a)   one or more of the following applies:

  (i)   the substantive circumstances that justified the grant of the licence have ceased to exist and are unlikely to recur;

  (ii)   the licensee has not complied with the terms of the licence;

  (iii)   if an amount of remuneration has been agreed or determined under section   136J--the amount has not been paid within the time agreed or determined; and

  (b)   the legitimate interests of the licensee or the eligible importing country are not likely to be adversely affected by the revocation.

Parties

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

  (a)   the applicant for revocation;

  (b)   the licensee;

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