Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 21

Registrar must be notified of an assignment of PBR

             (1)  If a person (the claimant ) claims that PBR was assigned or transmitted to the claimant, the claimant must inform the Registrar in writing that the claimant has acquired that right, giving particulars of the manner in which that right was acquired, within 30 days after acquiring that right.

             (2)  If the Registrar is satisfied that the right has been so assigned or transmitted, the Registrar must amend the Register by entering the name of the claimant as the holder of that right.

             (3)  If the Registrar enters the name of the claimant on the Register as the holder of PBR, the Registrar must, within 30 days after entering the name, notify the claimant, and the person who was the holder before the entry was made, that the entry has been made.

             (4)  If the Registrar is not satisfied that PBR has been assigned or transmitted to the claimant, the Registrar must, as soon as possible:

                     (a)  notify the claimant:

                              (i)  that the Registrar is not so satisfied; and

                             (ii)  of the reasons why the Registrar is not so satisfied; and

                     (b)  notify the person entered on the Register as the holder of the right:

                              (i)  of the particulars of the information given by the claimant; and

                             (ii)  that the Registrar is not so satisfied; and

                            (iii)  of the reasons why the Registrar is not so satisfied.

             (5)  A claimant must include, in the notice to the Registrar informing of the assignment or transmission, an address in Australia or New Zealand for the service of documents in accordance with this Act.

Note 1:       After the time specified in regulations made for the purposes of subsection 3(2), the address may be an electronic address: see subsections 3(2), (5) and (6).

Note 2:       A decision under this section to amend or to refuse to amend the Register is reviewable by the AAT under section 77.



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