Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 82

Plant variety rights under old Act to be treated as PBR under this Act

             (1)  If:

                     (a)  a person was granted plant variety rights in respect of a plant variety under the old Act; and

                     (b)  those rights were still in force immediately before the commencing day;

then, subject to the regulations, those rights have effect, despite the repeal of the old Act, on and after that day, as if:

                     (c)  this Act had been in force at the time when those rights were granted; and

                     (d)  they had been granted at that time as PBR in that variety.

             (2)  Despite subsection (1), rights treated as if they had been granted as PBR under this Act continue in force for so long only as they would have continued in force if the old Act had not been repealed.

             (3)  Nothing in this section gives the holder of rights treated as PBR in a particular plant variety under this Act the right to claim PBR in respect of plant varieties that would, under this Act, be dependent plant varieties in relation to that particular plant variety.

             (4)  Nothing in this section gives the holder of rights treated as PBR in a particular plant variety under this Act the right to seek a declaration that another plant variety is an essentially derived variety of the particular plant variety unless PBR in that other plant variety was given only on or after the commencing day.



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