Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 12.2E

PPI compulsory licences--giving information to the Commissioner

  (1)   This regulation sets out for paragraph   136F(1)(h) of the Act the information that a licensee must give to the Commissioner in relation to the licence.

Grant of licence

  (2)   The licensee must give the Commissioner the following information in relation to the grant of the PPI compulsory licence:

  (a)   the date of the PPI order;

  (b)   the place at which the PPI order was made;

  (c)   the name and address of the licensee;

  (d)   the licensee's address for service;

  (e)   the name of the pharmaceutical product;

  (f)   the quantity of the pharmaceutical product that the Federal Court has determined may be manufactured for export;

  (g)   the eligible importing country to which the pharmaceutical product is to be exported;

  (h)   the duration of the licence;

  (i)   the identity of the patent;

  (j)   the address of the website on which the shipment information is to be made available.

  (3)   The information mentioned in subregulation   (2) must be given to the Commissioner:

  (a)   in the approved form; and

  (b)   within 1 month after the Federal Court makes the order requiring the grant of the licence.

Amendment of licence

  (4)   If the licence is amended by order under section   136G of the Act, the licensee must give the Commissioner the following information in relation to the amendment:

  (a)   the date of the amending order;

  (b)   the place at which the amending order was made;

  (c)   details of the amendment.

  (5)   The information mentioned in subregulation   (4) must be given to the Commissioner:

  (a)   in the approved form; and

  (b)   within 1 month after the Federal Court makes the order amending the licence.

Revocation of licence

  (6)   If the licence is revoked by order under section   136H of the Act, the licensee must give the Commissioner the following information in relation to the revocation:

  (a)   the date of the revocation order;

  (b)   the place at which the revocation order was made.

  (7)   The information mentioned in subregulation   (6) must be given to the Commissioner:

  (a)   in the approved form; and

  (b)   within 1 month after the Federal Court makes the order revoking the licence.

Agreement or determination of remuneration

  (8)   If an amount of remuneration for the licence is agreed under paragraph   136J(3)(a) of the Act or determined by the Federal Court under paragraph   136J(3)(b) of the Act, the licensee must give the Commissioner a statement that an amount of remuneration has been agreed or determined, as the case may be.

  (9)   The information mentioned in subregulation   (8) must be given to the Commissioner:

  (a)   in the approved form; and

  (b)   within 1 month after the agreement is reached or the determination is made.


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