Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 41B

Essential derivation for non-PBR-protected varieties--publication of applications

             (1)  As soon as practicable after an application under section 41A is made, the Registrar must publish a notification of the application in the Plant Varieties Journal including information about the applicant and the application, and any related information, prescribed by the regulations.

             (2)  At any time or times before making a decision on the application, the Registrar may publish further notification of the application in the Plant Varieties Journal , including information (or updated information) about the matters prescribed by regulations made for the purposes of subsection (1).

             (3)  However, the Registrar must not publish any information in a notification under subsection (1) or (2) if the Registrar is satisfied that the information is commercial-in-confidence.

Note:          A decision not to publish information for this reason is reviewable by the AAT under section 77.

             (4)  Information is commercial-in-confidence if the applicant demonstrates to the Registrar that:

                     (a)  release of the information would cause competitive detriment to the applicant; and

                     (b)  the information is not in the public domain; and

                     (c)  the information is not required to be disclosed under another Australian law; and

                     (d)  the information is not readily discoverable.

             (5)  However, this section does not apply if the Registrar refuses to consider an application under subsection 41A(5).

Note:          Subsection 41A(5) requires the Registrar to refuse to consider an application if the applicant does not include sufficient information to enable the person (or persons) the applicant reasonably believes to be the breeder of the second variety to be notified, unless the Registrar is satisfied that the applicant took reasonable steps to obtain such information.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback