Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 24

Right to apply for PBR

             (1)  A breeder of a plant variety may make application to the Registrar for the grant of a PBR in the variety.

             (2)  The breeder can make the application whether or not:

                     (a)  the breeder is an Australian citizen; and

                     (b)  the breeder is resident in Australia; and

                     (c)  the variety was bred in Australia.

             (3)  Subject to subsection (4), if 2 or more persons bred a plant variety jointly, those persons or some of them may make a joint application for that right.

             (4)  If 2 or more persons bred a plant variety jointly, one of those persons is not entitled to apply for PBR in the variety otherwise than jointly with, or with the consent in writing of, each other of those persons.



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