Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.47

Infringement of PBR--particulars

             (1)  An originating application seeking relief for infringement of a PBR under the Plant Breeder's Rights Act must include particulars of the infringement:

                     (a)  specifying the manner in which the PBR is alleged to be infringed; and

                     (b)  giving at least one instance of each type of infringement alleged.

             (2)  A respondent in a proceeding mentioned in subrule (1) who relies, in a counterclaim, on a ground mentioned in section 54(2) of the Plant Breeder's Rights Act must give particulars of the facts the respondent intends to rely on for the ground.



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