Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 165

             (2)  The terms for the exploitation of the invention (including terms concerning the remuneration payable to the nominated person or the patentee) are such terms as are agreed, or determined by a method agreed, between the relevant authority and the nominated person or the patentee or, in the absence of agreement, as are determined by a prescribed court on the application of either party.

             (3)  For the purposes of subsection (2), the terms, or the method, may be agreed before, during or after the exploitation.

             (4)  When fixing the terms, the court may take into account any compensation that a person interested in the invention or the patent has received, directly or indirectly, for the invention from the relevant authority.