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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 03:05)
48.23 Application for compulsory licence: section 90
(cf Federal Court Rules, Order 58, rule 23)
An application for the grant of a compulsory licence under section 90 of the Designs Act 2003 of the Commonwealth must state the facts intended to be relied on to show that—(a) products embodying the design have not been made in Australia, to the extent that is reasonable in the circumstances of the case, and(b) the registered owner of the design has given no satisfactory reason for failing to exercise the exclusive rights in the design, and(c) the applicant has tried for a reasonable period, but without success, to obtain from the registered owner of the design an authorisation to do, on reasonable terms and conditions, any of the things mentioned in section 10(1)(a)–(e) of that Act in relation to the design.