Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 57B

Court's power to grant relief

                   The Federal Court or Federal Circuit Court may grant the relief sought by an applicant under section 57A, unless the respondent satisfies the Court that:

                     (a)  the respondent is the grantee of the PBR in the plant variety or an exclusive licensee of the grantee; and

                     (b)  the acts about which the threats were made infringe, or would infringe, the PBR in the plant variety.



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