IPA patent 7.6.4-reasonable-expenses — IP Australia Patent Manual of Practice and Procedure – 7.6.4 Reasonable Expenses

Also in this Chapter: 7.6.1 Requests for Commissioner to Exercises Powers Under Section 210(1)(a) ＆ 210(1)(c) 7.6.2 Basis for Issuing a Summons 7.6.3 Basis for Requiring Production of Documents or Articles ​​​​​​​ 7.6.5 Complying with the Summons or Notice to Produce, Reasonable Excuses 7.6.6 Sanctions for Non-Compliance 7.6.7 Schedule to Requests for Summons or Notice to Produce Key Legislation: Patents Act: s210 Commissioner's powers It is expected that a party seeking the benefit of a summons or notice to produce will undertake to pay the reasonable expenses of the person concerned. That undertaking must be made before making the request in a manner that is legally enforceable, and in a form that can be demonstrated to the Commissioner. Reasonable expenses would generally include: cost of locating the documents or articles copying and collating costs (if copying is appropriate) cost of legal advice in relation to the summons or notice travel costs compensation for loss of income (if applicable). An offer of payment for reasonable expenses does not necessarily require an ‘up-front’ payment in cash – although payment of reasonable conduct money would generally be appropriate. In the case of dispute over payments of reasonable expenses, the Commissioner has no power to enforce payment of moneys – enforcement of undertakings is a matter for the Courts. Further, the Commissioner has no power to award costs in regard to reasonable expenses. Where a party seeks costs associated with objecting to a notice of production those costs should be considered separately as part of a proceeding before the Commissioner and not as a reasonable expense.