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PRIMARY INDUSTRIES RESEARCH AND DEVELOPMENT ACT 1989 - SECT 13

Agreements for carrying out R&D activities and marketing activities by other persons

  (1)   Without limiting the generality of subsection   12(1), an R&D Corporation may enter into an agreement with a person for the carrying out of either or both of the following by the person:

  (a)   R&D activities;

  (b)   marketing activities as mentioned in paragraph   11(ea) or (eb).

  (2)   Without limiting the matters that may be included in the agreement, the agreement may:

  (a)   provide for the money provided under the agreement, and any property acquired or goods produced with that money, or with money that includes that money, to be used for the purposes specified in the agreement; and

  (b)   provide for the payment by the person to the Corporation of an amount equal to the whole, or such part as the Corporation determines, of the money provided under the agreement if any of the money, property or goods referred to in paragraph   (a) is or are used for a purpose not specified in the agreement; and

  (c)   make provision with respect to:

  (i)   assigning inventions and interests in inventions; and

  (ii)   applying for patents for inventions; and

  (iii)   commercially exploiting patented inventions; and

  (iv)   granting licences under patented inventions;

    being inventions made in the course of undertaking R&D activities or doing anything else with that money or with money that includes that money; and

  (d)   provide for the payment by the person to the Corporation of an amount equal to the whole, or such part as the Corporation determines, of any net income derived by the person from the money, property or goods referred to in paragraph   (a) or patents or interests referred to in paragraph   (c); and

  (e)   provide for the assignment by the person to the Corporation of any money, property, goods, patents or interests referred to in paragraph   (d); and

  (f)   provide for the payment by the person to the Corporation of an amount of money determined by the Corporation in accordance with the agreement in the event of the disposal (otherwise than to the Corporation) of any property, goods, patents or interests referred to in paragraph   (d).



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