Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 45

  (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.