PLANT BREEDER'S RIGHTS ACT 1994 - SECT 46 Grant of PBR to be entered on Register

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 46

  (1)   When the Registrar grants PBR in a plant variety, the Registrar must enter in the Register:

  (a)   a description, or description and photograph, of a plant of that variety; and

  (b)   the name of the variety and any proposed synonym; and

  (c)   the name of the grantee; and

  (d)   the name and address of the breeder; and

  (e)   the address for the service of documents on the grantee for the purposes of this Act as shown on the application for the right; and

  (f)   the day on which the right is granted; and

  (g)   such other particulars relating to the granting as the Registrar considers appropriate.

  (2)   When a variety (the derived variety ) is declared to be essentially derived from another variety (the initial variety ), the Registrar must enter in the Register both in respect of the derived variety and the initial variety:

  (a)   the fact that the declaration has been made; and

  (b)   the day on which the declaration was made.

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