PLANT BREEDER'S RIGHTS ACT 1994 - SECT 29 Priority dates arising from foreign application

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 29

  (1)   If:

  (a)   a person has lodged an application for PBR in a plant variety in one or more contracting parties other than Australia; and

  (b)   within a period of 12 months after the date that the earliest of those applications (the foreign application ) was lodged, the person lodges an application in Australia (the local application ) for PBR in the variety; and

  (c)   the local application is accompanied with a claim to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application; and

  (d)   the local application is accepted;

the person is entitled to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application, subject to subsections   (3) and (4).

  (3)   The entitlement of the person to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application is conditional on the person lodging with the Registrar, within 3 months of making the local application, a copy of the documents that constituted the foreign application, certified by the Authority that received the foreign application to be a true copy of the documents.

  (4)   The entitlement of the person to have the date of lodgment of the foreign application treated as the priority date for the purposes of the local application is conditional on the person providing to the Registrar, within a period of 5 years after the making of the foreign application, such further particulars in relation to the plant variety as are required to complete the consideration of the local application.