Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 13

                   Subject 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.