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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