Commonwealth Numbered Acts

HORTICULTURAL RESEARCH AND DEVELOPMENT CORPORATION ACT 1987 No. 166 of 1987 - SECT 8

8. (1) Without limiting the generality of subsection 7 (1), the Corporation
may enter into an agreement with a person for the carrying out of a
horticultural research and development project by the person.

(2) Without limiting the matters that may be included in the agreement, the
agreement may:

   (a)  provide for:

        (i)    the money provided under the agreement, and any property
               acquired or goods produced with that money, or with money that
               includes that money, to be used for the purposes specified in
               the agreement; and

        (ii)   the payment by the person to the Corporation of an amount equal
               to the whole, or such part as the Corporation determines, of
               the money provided under the agreement if any of the money
               provided under the agreement, or any of the property or goods
               referred to in subparagraph (i), is or are used for a purpose
               not specified in the agreement;

   (b)  make provision with respect to:

        (i)    the assigning of inventions and interests in inventions;

        (ii)   the applying for patents for inventions;

        (iii)  the making, using, exercising and vending of patented
               inventions; and

        (iv)   the granting of licences under patented inventions;
being inventions made in the course of undertaking the horticultural
research and development project or doing any other act or thing with that
money or with money that includes that money;

   (c)  provide for the payment by the person to the Corporation of an amount
        equal to the whole, or such part as the Corporation determines, of any
        net income derived by the person from:

        (i)    property acquired or goods produced with money provided under
               the agreement or with money that includes that money; or

        (ii)   patents for, or interests in, inventions made, or interests in
               any other property acquired, in the course of undertaking the
               horticultural research and development project or doing any
               other act or thing with that money or with money that includes
               that money;

   (d)  provide for the assignment by the person to the Corporation of any
        property or goods referred to in subparagraph (c) (i) or of any
        patents or interests referred to in subparagraph (c) (ii); and

   (e)  provide for the payment by the person to the Corporation, in the event
        of the disposal (otherwise than to the Corporation) of any property,
        goods, patents or interests referred to in paragraph (c), of an amount
        equal to the whole, or such part as the Corporation determines, of:

        (i)    in the case of a disposal by way of sale or assignment for
               value-the net proceeds of the sale or assignment; and

        (ii)   in any other case-the value of the property, goods, patents or
               interests as determined by the Corporation.