Fastening Supplies Pty Ltd v Olin Mathieson Chemical Corporation [1969] HCA 61

Fastening Supplies Pty Ltd v Olin Mathieson Chemical Corporation [1969] HCA 61

Although the reasonable requirements of the public had not been satisfied when the petition was lodged, Ramset had by the hearing established Australian manufacture capable of meeting those requirements, the delay in local manufacture was satisfactorily explained by the difficulty of developing a versatile and durable tool suitable for economic Australian manufacture, any licence now should not extend to importation, and the petitioner lacked the resources, skill and suitability to be granted a licence to work the invention.

Jurisdiction
Australia
Procedural Posture
Petition for a Compulsory Licence in Respect of a Patent / Hearing of Petition Referred to the High Court by the Commissioner of Patents
Outcome
Petition dismissed.
Legal Topics
['compulsory Patent Licence' 'reasonable Requirements of the Public' 'patented Invention' 'local Manufacture' 'patent Importation' 'court Discretion']
['intellectual Property' 'patent Law'] ['compulsory Patent Licence' 'reasonable Requirements of the Public' 'patented Invention' 'local Manufacture' 'patent Importation' 'court Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Petition for a Compulsory Licence in Respect of a Patent / Hearing of Petition Referred to the High Court by the Commissioner of Patents

Legal Issues

  1. 1 ['Whether the reasonable requirements of the public with reference to the patented invention had not been satisfied under s. 108 (3) of the Commonwealth Patents Act.' 'Whether the Court should consider circumstances only as at the date the petition was lodged or also circumstances existing at the hearing.' 'Whether any compulsory licence should extend to importation of articles covered by the patent.' 'Whether the petitioner was a suitable licensee capable of manufacturing satisfactory tools in accordance with the patent.']

Ratio Decidendi

Although the reasonable requirements of the public had not been satisfied when the petition was lodged, Ramset had by the hearing established Australian manufacture capable of meeting those requirements, the delay in local manufacture was satisfactorily explained by the difficulty of developing a versatile and durable tool suitable for economic Australian manufacture, any licence now should not extend to importation, and the petitioner lacked the resources, skill and suitability to be granted a licence to work the invention.

Court Disposition

Petition dismissed.

Orders

  • ['Petition dismissed.' 'Petitioner to pay the costs of the Commissioner of Patents.']