Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 45

Grant of PBR to be exclusive

             (1)  Subject to subsection (3), only one grant of PBR may be made under this Act in relation to a plant variety.

Note:          If PBR is granted to persons who make a joint application, the PBR is granted to those persons jointly: see subsection 44(11).

             (3)  If:

                     (a)  a person is the grantee of PBR in a plant variety (the initial variety ); and

                     (b)  another person is the grantee of PBR in another plant variety; and

                     (c)  the other variety is declared to be essentially derived from the initial variety;

subsection (1) does not prevent PBR in the initial variety extending to the other variety.

Note:          For declarations of essential derivation, see sections 40 and 41D.



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