PLANT BREEDER'S RIGHTS ACT 1994 - SECT 22 Duration of PBR

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 22

  (1)   Subject to subsections   (4) and (5), PBR in a plant variety begins on the day that the grant of PBR in the variety is made.

  (2)   Subject to subsections   (3), (4) and (5), PBR in a plant variety lasts for:

  (a)   in the case of trees and vines--25 years; and

  (b)   for any other variety--20 years.

  (3)   The regulations may provide that PBR in a plant variety included within a specified taxon lasts for a longer period than is specified in subsection   (2).

  (4)   PBR in a plant variety that is a dependent plant variety of another plant variety begins on:

  (a)   the day that the grant of PBR in the other plant variety is made; or

  (b)   the day that dependent variety comes into existence;

whichever occurs last, and ends when PBR in the other variety ceases.

  (5)   If:

  (a)   PBR is held in a plant variety (the initial variety ); and

  (b)   another plant variety is declared to be an essentially derived variety of the initial variety;

PBR in the initial variety extends to the essentially derived variety from the day on which that declaration is made until the day on which PBR in the initial variety ends.

Note:   For declarations of essential derivation, see sections   40 and 41D.