Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 210

Commissioner's powers

  (1)   The Commissioner may, for the purposes of this Act:

  (a)   summon witnesses; and

  (b)   receive written or oral evidence on oath or affirmation; and

  (c)   require the production of documents or articles; and

  (d)   award costs against a party to proceedings before the Commissioner.

Exercise of power to summon witnesses

  (2)   The Commissioner must not summon a witness under paragraph   (1)(a) unless:

  (a)   the Commissioner is satisfied, on the balance of probabilities, of the following matters:

  (i)   the witness has a substantial interest in the proceedings before the Commissioner;

  (ii)   the witness is likely to provide oral evidence of substantial relevance to a matter before the Commissioner;

  (iii)   receiving oral evidence from the witness is necessary or desirable in all the circumstances; and

  (b)   the Commissioner notifies the witness of the actions the Commissioner may take under section   210A if the witness fails or refuses to comply with the summons.

  (3)   The Commissioner may summon a witness under paragraph   (1)(a) whether the witness is in or out of the patent area.

Exercise of power to require production of document or article

  (4)   The Commissioner must not require a person to produce a document or article under paragraph   (1)(c) unless:

  (a)   the Commissioner is satisfied, on the balance of probabilities, of the following matters:

  (i)   the person has a substantial interest in the proceedings before the Commissioner;

  (ii)   the document or article is likely to be of substantial relevance to a matter before the Commissioner; and

  (b)   the Commissioner notifies the person of the actions the Commissioner may take under section   210A if the person fails or refuses to comply with the requirement.

  (5)   The Commissioner may require a person to produce a document or article under paragraph   (1)(c) whether the person is in or out of the patent area.

Exercise of powers in relation to bodies corporate

  (6)   The Commissioner's powers in subsection   (1) to make a requirement of a person extend, if the person is a body corporate, to making that requirement of any person who is an officer, agent or employee of the body corporate.