Commonwealth Consolidated Acts

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PLANT BREEDER'S RIGHTS ACT 1994 - SECT 46

Grant of PBR to be entered on Register

             (1)  When the Secretary 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 the Secretary makes a declaration that a variety (the derived variety ) is 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.



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