Designs Act 2003

The terms for the use of a design in the circumstances mentioned in subsection 96(3) or 96A(3), including terms concerning the remuneration payable to the entitled person or the registered owner, are such terms:

as are agreed, or determined by a method agreed, between the relevant authority and the entitled person or the registered owner; or

in the absence of agreement—as are determined by a prescribed court on the application of the relevant authority, or the entitled person or the registered owner.

Without limiting paragraph (1)(b), the prescribed court must determine an amount of remuneration that is just and reasonable, having regard to the economic value of the use of the design and any other matter the court considers relevant.

A person may not apply to a prescribed court for a determination under paragraph (1)(b) in relation to a design unless a certificate of examination has been issued in relation to the design.

The prescribed court may, in determining the terms of use, take into consideration compensation that a person interested in the design has received, directly or indirectly, from the relevant authority in respect of the design.

For the purposes of this section, the terms, or the method, may be agreed or determined before, during or after the use of the design.