Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 13

    Subject to section   23, if PBR is granted in a plant variety (the initial variety ), the right extends to:

  (a)   any other plant variety that:

  (i)   is not clearly distinguishable from the initial variety; and

  (ii)   is clearly distinguishable from any plant variety that was a matter of common knowledge at the time of the grant of PBR in the initial variety; and

  (b)   any other plant variety that cannot be reproduced except by the repeated use of the initial variety or of a variety referred to in paragraph   (a);

whether or not that other plant variety was in existence at the time PBR was granted in the initial variety.