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PATENTS ACT 1990 - SECT 210A Sanctions for non - compliance with Commissioner's requirements

PATENTS ACT 1990 - SECT 210A

Sanctions for non - compliance with Commissioner's requirements

  (1)   The Commissioner may take one or more of the actions listed in subsection   (2) in relation to a person if:

  (a)   the Commissioner summons the person to appear as a witness under paragraph   210(1)(a) or requires the person to produce a document or article under paragraph   210(1)(c); and

  (b)   the person refuses or fails to comply with the summons or requirement; and

  (c)   the Commissioner is satisfied, on the balance of probabilities, that it is appropriate in the circumstances to take the action.

  (2)   The actions the Commissioner may take are:

  (a)   if the person is an applicant for a patent--a refusal to grant the patent (see subsection   61(1); and

  (b)   the drawing of an inference unfavourable to the person's interest in proceedings before the Commissioner; and

  (c)   actions of a kind that are prescribed by the regulations.

  (3)   In deciding whether it is appropriate to take the action, the Commissioner must consider the following:

  (a)   whether the person has a reasonable excuse for refusing or failing to comply with the summons or requirement;

  (b)   whether the person has been offered payment of reasonable expenses associated with complying with the summons or requirement;

  (c)   any other matter the Commissioner considers to be relevant.