Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 54A

Counterclaims to actions for infringement

             (1)  A defendant in an action for infringement of PBR in a plant variety may apply, by way of counterclaim, for revocation of that right on the ground that:

                     (a)  the variety was not a new plant variety; or

                     (b)  facts exist that would have resulted in the refusal of the grant of that right if they had been known to the Registrar before the grant of that right.

             (2)  If, in an action for infringement of PBR in a plant variety:

                     (a)  the defendant applies, by way of counterclaim, for the revocation of that right; and

                     (b)  the court is satisfied that a ground for revocation of that right exists;

the court may make an order revoking that right.

             (3)  If the court revoked PBR in a plant variety on the counterclaim of a defendant, the court may order the defendant to serve on the Registrar a copy of the order revoking that right.



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