High Court of Australia
elvan 7.4. 193 0
IoW'S PATENT . Bx parte LEGGETT PRODUCTS PPY LTD.
STARKE J.
This is a motion on the part of Leggett Products Proprietary limited for an Order that the proprietor of the letters Patent 445 of 1916 grant a compulsory iicence to the applicant, or alternatively, for a declaration that the vatented article or process is not manufactured or carried on to an adequate extent in the Commonwealth. The motion was heard by me in November 1929, but has stood over at the request of the parties, doubtless for the purpose of negotiating a settlement of the matter. However, these negotiations have fallen through, and the judg- ment of the Court must now be givens
The application for the letters Patent (No 445 of 1916) was da- ted Ith March 1916, but the patent is dated Mth August 1915, under the provisions of Section 121 of the Patents Act 1903-09. The patent is for improvements in portable vulcanizing packages. These consist of a holder or pan carrying a quantity of combustible material on one side and a quantity of vuleanizable material on the opposite side. Patches can there- by be applied to the inner tubes of pneumat to tyres or other articles capable of repair by vulcanizing a patch thereon.
09. That Section gives jurisdiction to the Court to declare that the patented article is not manufactured to an adequate extent in the Commonr wealth, and if it 1s satisfied that the patented article is manufactured exo lusively or mainly outside the Commonwealth, then, subject edhe pro- visions of the Section and unless the patentee proves that the article ia manufactured to an adequate extent in the Commonwealth, or gives satisfactory reasons why the article is not so manyfactured, the Court shall make the Order applied for, to take effect either forthwith or at the ewiration of such reasonable time as is specified in the Order. The object of the provision is to encourage the development of industries in Austra 'ia, and to prevent monopolies fettering that development. Of. English Patent and Designs Act 1907-19 s. 27 , Hatechecks Patents 26
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