(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).
(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.