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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 15 Extension of PBR to products obtained from harvested material in certain circumstances

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 15

Extension of PBR to products obtained from harvested material in certain circumstances

    If:

  (a)   propagating material of a plant variety covered by PBR is produced or reproduced without authorisation of the grantee; and

  (b)   the grantee does not have a reasonable opportunity to exercise the grantee's rights in relation to the propagating material; and

  (c)   material is harvested from plants grown from the propagating material but the grantee does not have, in the circumstances set out in section   14, a reasonable opportunity of exercising the grantee's rights in the harvested material; and

  (d)   products are made from the harvested material;

section   11 operates as if those products were propagating material.