Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 35

Objection to application for PBR

             (1)  Any person who considers, in relation to an application for PBR in a plant variety that has been accepted:

                     (a)  that his or her commercial interests would be affected by the grant of that PBR to the applicant; and

                     (b)  that the Registrar cannot be satisfied, in relation to that application, of a matter referred to in a paragraph of subsection 26(2) or in subparagraph 44(1)(b)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii);

may lodge a written objection to the grant of PBR with the Registrar at any time after the giving of that public notice of acceptance of the application and before the end of the period of 6 months starting with the public notice of that detailed description.

             (2)  An objection must set out:

                     (a)  particulars of the manner in which the person considers his or her commercial interests would be affected; and

                     (b)  the reasons why the person considers that the Registrar cannot be satisfied of a matter referred to in paragraph (1)(b).

          (2A)  An objection is of no effect unless it is accompanied by the prescribed fee.

             (3)  The Registrar must give a copy of the objection to the applicant.



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