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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 20 PBR is personal property

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 20

PBR is personal property

  (1)   PBR is personal property and, subject to any conditions imposed under section   49, is capable of assignment, or of transmission by will or by operation of law.

  (2)   An assignment of PBR (otherwise than because of the order of a court) does not have effect unless it is in writing signed by, or on behalf of, the assignor and assignee.

  (3)   If a grantee of PBR in a plant variety gives another person a licence in that right, the licence binds every successor in title to the interest of that grantee to the same extent as it was binding on that grantee of the PBR.

Note 1:   The Personal Property Securities Act 2009 applies to PBR, and any licence in PBR, as intellectual property (see paragraph   (d) of the definition of that phrase in section   10 of that Act). That Act deals with security interests in personal property, including intellectual property and intellectual property licences.

Note 2:   Section   106 of the Personal Property Securities Act 2009 corresponds to subsection   20(3) of this section. Section   106 of that Act provides for security agreements in relation to intellectual property licences (or sub - licences) to be binding on successors in title to the licences (or sub - licences).