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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 27

Names of new plant varieties

             (1)  If PBR has not been granted in another contracting party in a plant variety before an application for that right in that variety is made in Australia, the name set out in the application must comply with subsections (4), (5), (6) and (7).

             (2)  If, before making an application in Australia for PBR in a plant variety, PBR has been granted in that variety in another contracting party:

                     (a)  the name of the variety set out in the Australian application must be the name under which PBR was first granted in another contracting party; but

                     (b)  there may, and, if the name referred to in paragraph (a) does not comply with subsections (4), (5), (6) and (7) there must, also be included in the application a synonym, additional to the name of the variety.

             (3)  The synonym must be a name determined in accordance with subsections (4), (5), (6) and (7) as if the variety had not been the subject of a grant of PBR in another contracting party.

          (3A)  If, before making an application in Australia for PBR in a plant variety, PBR has not been granted in that variety in another contracting party, a synonym may also be included in the application.

             (4)  A name (including a synonym), in respect of a plant variety, must be a word or words (whether invented or not) with or without the addition of either or both of the following:

                     (a)  a letter or letters that do not constitute a word;

                     (b)  a figure or figures.

             (5)  A name (including a synonym), in respect of a plant variety must not:

                     (a)  be likely to deceive or cause confusion, including confusion with the name of another plant variety of the same plant class; or

                     (b)  be contrary to law; or

                     (c)  contain scandalous or offensive matter; or

                     (d)  be prohibited by regulations in force at the time of the application; or

                     (e)  be or include a trade mark that is registered, or whose registration is being sought, under the Trade Marks Act 1995 , in respect of live plants, plant cells and plant tissues.

             (6)  A name (including a synonym), in respect of a plant variety must comply with the International Code of Botanical Nomenclature and subsidiary codes.

             (7)  A name (including a synonym), in respect of a plant variety must not consist of, or include:

                     (a)  the name of a natural person living at the time of the application unless the person has given written consent to the name of the variety; or

                     (b)  the name of a natural person who died within the period of 10 years before the application unless the legal personal representative of the person has given written consent to the name of the variety; or

                     (c)  the name of a corporation or other organisation, unless the corporation or other organisation has given its written consent to the name of the variety.



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