Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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