Northern Territory v Collins

Intellectual property – Patents - Infringement - Contributory infringement - Respondents owned patent for methods of producing oils from species of a particular genus of tree - Appellant Territory licensed third party ("ACOC") to enter Crown land and remove timber from trees of this species - Patents Act 1990 (Cth), s 117(1) provided that, if "use of a product by a person" would infringe a patent, "supply" of that product by one person to another was an infringement by supplier - Respondents alleged Territory infringed patent by supply of timber to ACOC - Relationship between exclusive rights to exploit patent and s 117 - Meaning of "product" in s 117 where patent said to be infringed is for method or process - Whether "product" confined to product that itself results from use of a patented method or process.

Intellectual property – Patents - Infringement - Contributory infringement - Meaning of "supply" in s 117 - Whether grant of licences to sever and take timber from Crown land constituted "supply" of timber by Territory for purposes of s 117(1) - Relevance of classification of interest of ACOC as realty or personalty.

Intellectual property – Patents - Infringement - Contributory infringement - Section 117(2)(b) provided that "use of a product by a person" in s 117(1) meant "any use" if product was not a "staple commercial product" - Meaning of "staple commercial product" - Whether timber taken by ACOC under licences a "staple commercial product".

Words and phrases – "exploit", "method or process", "product", "staple commercial product", "supply", "use of a product by a person".

Patents Act 1990 (Cth) – ss 13, 117 and Sched 1.