Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.28

Relief in proceedings for breach of undertakings

  (1)   In proceedings referred to in subregulation   3.26(1), the court may:

  (a)   make an order for inspection; and

  (b)   impose terms and give directions with respect to the inspection.

  (2)   In proceedings referred to in subregulation   3.26(1), the court may grant such relief as it thinks fit, including:

  (a)   an injunction on such terms as it thinks fit; or

  (b)   an order for damages; or

  (c)   an order for an account of profits; or

  (d)   an order with respect to any security given under paragraph   3.25(2)(b); or

  (e)   an order on such terms as it thinks fit to deliver to such person as it thinks fit the micro - organism or any substance or thing derived directly or indirectly from that micro - organism as a result of the breach of the undertaking, including:

  (i)   any products made by using that micro - organism; and

  (ii)   any other micro - organisms derived from that micro - organism; and

  (iii)   any products made by using those other micro - organisms.



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