Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 165A

             (1)  A prescribed court may, on the application of the nominated person or the patentee, declare that the exploitation of the invention by the Commonwealth or the State is not, or is no longer, necessary for the proper provision of services of the Commonwealth or of the State if the court is satisfied that, in all the circumstances of the case, it is fair and reasonable to make the declaration.

             (2)  The court may further order that the Commonwealth or the State is to cease to exploit the invention:

                     (a)  on and from the day specified in the order; and

                     (b)  subject to any conditions specified in the order.

In making the order, the court is to ensure that the legitimate interests of the Commonwealth or of the State are not adversely affected by the order.