New Zealand Legislation: Bills

26 Miscellaneous provisions concerning directions

• (1) Before giving a direction under section 25, the Commissioner must—

  • (a) give a reasonable opportunity to be heard,—

    • (i) in the case of a request under section 25(1), to the patentees of the patent; and

    • (ii) in the case of a request under section 25(3), to the person in default; and

  • (b) have regard to the terms of any agreement between the patentees of the patent that are brought to the Commissioner’s notice.

  (2) The Commissioner must not give a direction that—

  • (a) affects the rights or obligations of a trustee or of the personal representative of a deceased person, or rights or obligations arising out of either of those relationships; or

  • (a) affects the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as trustees or personal representatives; or

  • (b) is inconsistent with the terms of an agreement between the patentees of the patent.

  Compare: 1953 No 64 s 64(3), (5); Patents Act 1990 s 17(3), (4) (Aust)