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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 56

Jurisdiction of the Federal Court

             (1)  The Federal Court has jurisdiction with respect to matters in which actions may, under this Part, be begun in the Federal Court.

Note:          A matter may also be transferred to the Federal Court from the Federal Circuit Court: see section 39 of the Federal Circuit Court of Australia Act 1999 .

             (2)  That jurisdiction is exclusive of the jurisdiction of all other courts other than the jurisdiction of:

                     (a)  the Federal Circuit Court under subsection 56A(2); and

                     (b)  the High Court under section 75 of the Constitution.

             (3)  The relief that the Federal Court may grant in an action or proceeding for infringement of PBR includes an injunction (subject to such terms, if any, as the Federal Court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

          (3A)  The Federal Court may include an additional amount in an assessment of damages for an infringement of PBR, if the Court considers it appropriate to do so having regard to:

                     (a)  the flagrancy of the infringement; and

                     (b)  the need to deter similar infringements of PBR; and

                     (c)  the conduct of the party that infringed the PBR that occurred:

                              (i)  after the act constituting the infringement; or

                             (ii)  after that party was informed that it had allegedly infringed the PBR; and

                     (d)  any benefit shown to have accrued to that party because of the infringement; and

                     (e)  all other relevant matters.

             (4)  The regulations may make provision in relation to the practice and procedure of the Federal Court in actions under this Act, including provision prescribing the time within which any action may be begun, or any other act or thing may be done, and providing for the extension of any such time.

             (5)  Subsection (4) does not limit the power of the Judges of the Federal Court or a majority of them to make Rules of Court under section 59 of the Federal Court of Australia Act 1976 that are consistent with the regulations referred to in that subsection.



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