Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 54

Actions for infringement

             (1)  An action for infringement of PBR in a plant variety may be begun in the Federal Court or the Federal Circuit Court only by the grantee or an exclusive licensee of the grantee.

             (2)  If an exclusive licensee of a grantee of PBR in a plant variety begins an action for infringement of that right, the licensee must make the grantee a defendant in the action, unless the grantee is joined as a plaintiff.

             (3)  A grantee who is made a defendant in an action is not liable for costs if the grantee does not take part in the proceedings.



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