PLANT BREEDER'S RIGHTS ACT 1994
Table of Provisions
PART 1--PRELIMINARY
PART 2--PLANT--BREEDER'S RIGHT
- 11 General nature of PBR
- 12 Extension of PBR to cover essentially derived varieties
- 13 Extension of PBR to cover certain dependent plant varieties
- 14 Extension of PBR to harvested material in certain circumstances
- 15 Extension of PBR to products obtained from harvested material in certain circumstances
- 16 Certain acts done for private, experimental or breeding purposes do not infringe PBR
- 17 Conditioning and use of farm saved seed does not infringe PBR
- 18 Restrictions on exercise of PBR in certain circumstances
- 19 Reasonable public access to plant varieties covered by PBR
- 20 PBR is personal property
- 21 Registrar must be notified of an assignment of PBR
- 22 Duration of PBR
- 23 Exhaustion of PBR
PART 3--APPLICATION--FOR PLANT BREEDER'S RIGHT
DIVISION 1--The making of the application
- 24 Right to apply for PBR
- 25 Right to apply for PBR is personal property
- 26 Form of application for PBR
- 27 Names of new plant varieties
- 28 Applications to be given priority dates
- 29 Priority dates arising from foreign application
- 30 Acceptance or rejection of applications
- 31 Requests for variation of application
- 32 Notification of decisions on requests to vary application
- 33 Withdrawal of application
DIVISION 2--Dealing with the application after its acceptance
- 34 Detailed description in support of application to be given to Registrar
- 35 Objection to application for PBR
- 36 Inspection of applications and objections
- 37 Test growing of plant varieties
- 38 Characteristics of plant varieties bred or test grown outside Australia
DIVISION 3--Provisional protection
- 39 Provisional protection
DIVISION 4--Essential derivation
- 40 Essential derivation for PBR-protected varieties--declaration
- 41 Essential derivation for PBR-protected varieties--test growing
- 41A Essential derivation for non-PBR-protected second varieties--application for declaration
- 41B Essential derivation for non-PBR-protected varieties--publication of applications
- 41C Essential derivation for non-PBR-protected varieties--opportunity to be heard
- 41D Essential derivation for non-PBR-protected varieties--declaration
- 41E Essential derivation for non-PBR-protected varieties--test growing
- 41F Essential derivation for non-PBR-protected varieties--application lodged for PBR in second variety
PART 4--THE--GRANT AND REVOCATION OF PLANT BREEDER'S RIGHT
DIVISION 1--Grant of Plant Breeder's Right
- 43 Registrable plant varieties
- 44 Grant of PBR
- 45 Grant of PBR to be exclusive
- 46 Grant of PBR to be entered on Register
- 47 Notice of grant of PBR
- 48 Effect of grant of PBR
- 49 PBR may be subject to conditions
DIVISION 2--Revocation of Plant Breeder's Right or declaration of essential derivation
- 50 Revocation of PBR
- 51 Entry of particulars of revocation
- 52 Surrender of PBR
PART 5--ENFORCEMENT--OF PLANT BREEDER'S RIGHT
- 53 Infringement of PBR
- 54 Actions for infringement
- 54A Counterclaims to actions for infringement
- 55 Declarations as to non-infringement
- 56 Jurisdiction of the Federal Court
- 56A Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)
- 57 Innocent infringement
- 57A Application for relief from unjustified threats
- 57B Court's power to grant relief
- 57C Counterclaim for infringement
- 57D Notification of PBR in a plant variety not a threat
- 57E Liability of legal practitioner
PART 6--ADMINISTRATION
- 58 Registrar of Plant Breeder's Rights
- 59 Delegation
- 60 Certain persons not to acquire PBR
- 61 Register of Plant Varieties
- 62 Inspection of Register
- 62A Registrar's power to rectify Register
PART 8--MISCELLANEOUS
- 68 Public notices
- 69 Notices inviting submissions in respect of certain regulations
- 70 Genetic resource centres
- 71 The herbarium
- 72 Agents may act in matters relating to PBR
- 72A Notifications by Registrar under this Act or regulations
- 72B Manner in which documents may be lodged with or given to Registrar
- 72C Approved means of lodging or giving documents
- 73 Service of documents
- 74 Infringement offences
- 75 Offences other than infringement offences
- 76 Conduct by directors, employees and agents
- 76A Doing act when PBR office reopens after end of period otherwise provided for doing act
- 76B Computerised decision-making
- 77 Applications for review
- 78 Repeal
- 79 Compensation for acquisition of property
- 80 Regulations
- 80A Approved means of paying a fee
PART 9--TRANSITIONAL
- 81 Definitions
- 82 Plant variety rights under old Act to be treated as PBR under this Act
- 83 Applications for plant variety rights lodged and criminal proceedings begun before commencing day
- 84 Other applications and proceedings under old Act
- 86 Register of Plant Varieties