PLANT BREEDER'S RIGHTS ACT 1994 - SECT 13 Extension of PBR to cover certain dependent plant varieties
PLANT BREEDER'S RIGHTS ACT 1994 - SECT 13
Extension of PBR to cover certain dependent plant varietiesSubject to section 23, if PBR is granted in a plant variety (the initial variety ), the right extends to:
(a) any other plant variety that:
(i) is not clearly distinguishable from the initial variety; and
(ii) is clearly distinguishable from any plant variety that was a matter of common knowledge at the time of the grant of PBR in the initial variety; and
(b) any other plant variety that cannot be reproduced except by the repeated use of the initial variety or of a variety referred to in paragraph (a);
whether or not that other plant variety was in existence at the time PBR was
granted in the initial variety.