Commonwealth Consolidated Regulations

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Supply of product referred to in section 117 of the Act

  (1)   If:

  (a)   a product to which section   117 of the Act applies is supplied by a person to another person before the commencing day; and

  (b)   the supply would not have infringed a patent under the 1952 Act before the commencing day; and

  (c)   the first - mentioned person supplies the product to another person after the commencing day;

section   117 of the Act does not apply to the supply referred to in paragraph   ( c).

  (2)   In subregulation   (1), a reference to the first - mentioned person includes:

  (a)   on the death of the person -- the legal personal representative of the estate of the person who has died; or

  (b)   if the person becomes bankrupt -- the person who becomes, under the Bankruptcy Act 1966 , the trustee in bankruptcy of the estate of the first - mentioned person; or

  (c)   if a body corporate is being wound up -- the person appointed to be the liquidator of the body corporate; or

  (d)   if the person agrees to dispose of a business relating to the supply of the product -- a person who acquires that business, whether from the first - mentioned person or from some other person.

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