Re Electric and Musical Industries Ltd's Patent [1949] HCA 62

79 C.L.R.] OF AUSTRALIA. 643

[HIGH COURT OF AUSTRALIA.]

Ty rE ELECTRIC AND MUSICAL INDUSTRIES LIMITED'S PATENT.

Patent—Expiration of term—Lztension—Loss suffered by reason of war—Re-grant 1. ©, ov A. —Form of order—Patents Act 1903-1946 (No. 21 of 1903—No. 38 of 1946), 1949.

8. 84 (6). YW MELBOURNE, 'The applicant was granted letters patent in England as from April 1933 944 99 for term which expired in April 1949, in respect of a system of circuits for gv away >

use in television receivers and transmitters. Ib applied under s. 84 (6) of p44. 16, the Patents Act 1903-1946 for an extension of the term of the corresponding convention patent in Australia on the ground that, by reason of the war, it had been denied the opportunity of exploiting the patent in Australia. It appeared from evidence adduced by the applicant that immediately before the war the applicant was in a position to supply television broadcasting equipment,

Webb J.

both transmission and receiving, manufactured in accordance with the patent; nothing could be done to expedite the development of television broadcasting in Australia until the Government had set up a television broadcasting transmitter; no transmitter had been erected at the outbreak of war, and it was improbable that a licence could have been obtained for a transmitter on a commercial basis ; on the outbreak of war security require- ments prevented the establishment of a commercial television service in 'Australia ; towards the end of the war consideration was given to the estab- lishment of commercial television in Australia in the post-war period, and it was decided to introduce it as a Government-controlled monopoly, in the initial stages at least, as soon as practicable after the war; and, although tenders had been received for erecting the required transmitting stations, it would be impossible to introduce this system as a commercial proposition until towards the end of 1951.