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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 57A

Application for relief from unjustified threats

             (1)  If a person is threatened by another person (the respondent ) with proceedings for infringement of PBR in a plant variety, or other similar proceedings, an aggrieved person (the applicant ) may apply to the Federal Court or Federal Circuit Court for:

                     (a)  a declaration that the threats are unjustified; and

                     (b)  an injunction against the continuance of the threats; and

                     (c)  the recovery of any damages sustained by the applicant as a result of the threats.

             (2)  The Federal Court or Federal Circuit Court may include an additional amount in an assessment of damages sustained by the applicant as a result of the unjustified threats, if the Court considers it appropriate to do so having regard to:

                     (a)  the flagrancy of the threats; and

                     (b)  the need to deter similar threats; and

                     (c)  the conduct of the respondent that occurred after the respondent made the threats; and

                     (d)  any benefit shown to have accrued to the respondent because of the threats; and

                     (e)  all other relevant matters.

             (3)  A threat mentioned in subsection (1) may be by means of circulars, advertisements or otherwise.

             (4)  Subsection (1) applies whether or not the respondent is the grantee of the PBR in the plant variety or an exclusive licensee of the grantee.



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