Commonwealth Consolidated Acts

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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 123

Effect on the Patents Act of compliance with this Act

  (1)   To avoid doubt, this Act does not have the effect that the use of an invention that is or relates to a regulated tobacco item would be contrary to law for the purposes of the following provisions of the Patents Act:

  (a)   paragraph   50(1)(a);

  (b)   paragraph   101B(2)(d);

  (c)   subparagraph   101E(1)(a)(iv).

  (2)   A failure to exploit (within the meaning of the Patents Act) a patented invention merely as a result of complying with the requirements of this Act does not, of itself, constitute an unsatisfactory failure to exploit the patent for the purposes of paragraph   133(3)(d) of the Patents Act.



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