Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 48

             (1)  If a person is granted PBR in a plant variety:

                     (a)  any other person who was entitled to make, but had not made, application for the right in the variety:

                              (i)  ceases to be entitled to make such application; and

                             (ii)  is not entitled to any interest in the right; and

                     (b)  any other person who had made application for the right in the variety:

                              (i)  ceases to be entitled to have his or her application considered or further considered; and

                             (ii)  is not entitled to any interest in the right.

             (2)  Subsection (1) does not prevent a person:

                     (a)  from applying for a revocation of the rights under section 50; or

                     (b)  from instituting proceedings before a court or the AAT in relation to the right; or

                     (c)  from requesting the Secretary to make a declaration under section 40 that the plant variety in which the right was granted is essentially derived from another plant variety in which the person holds PBR.

             (3)  If:

                     (a)  PBR in a particular plant variety is granted to a person; and

                     (b)  another person (the eligible person ) was entitled, at law or equity, to an assignment of the right to make an application for the PBR;

the eligible person is entitled to an assignment of the PBR.