PLANT BREEDER'S RIGHTS ACT 1994 - SECT 56A Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 56A

  (1)   The Federal Circuit and Family Court of Australia (Division   2) has jurisdiction with respect to matters in which actions may, under this Part, be begun in the Federal Circuit and Family Court of Australia (Division   2).

Note:   A matter may also be transferred to the Federal Circuit and Family Court of Australia (Division   2) from the Federal Court: see section   32AB of the Federal Court of Australia Act 1976 .

  (2)   That jurisdiction is exclusive of the jurisdiction of all other courts, other than the jurisdiction of:

  (a)   the Federal Court under subsection   56(2) of this Act; and

  (b)   the High Court under section   75 of the Constitution.

  (3)   The relief that the Federal Circuit and Family Court of Australia (Division   2) may grant in an action or proceeding for infringement of PBR includes an injunction (subject to such terms, if any, as the Federal Circuit and Family Court of Australia (Division   2) thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

  (3A)   The Federal Circuit and Family Court of Australia (Division   2) may include an additional amount in an assessment of damages for an infringement of PBR, if the Court considers it appropriate to do so having regard to:

  (a)   the flagrancy of the infringement; and

  (b)   the need to deter similar infringements of PBR; and

  (c)   the conduct of the party that infringed the PBR that occurred:

  (i)   after the act constituting the infringement; or

  (ii)   after that party was informed that it had allegedly infringed the PBR; and

  (d)   any benefit shown to have accrued to that party because of the infringement; and

  (e)   all other relevant matters.

  (4)   The regulations may make provision in relation to the practice and procedure of the Federal Circuit and Family Court of Australia (Division   2) in actions under this Act, including provision prescribing the time within which any action may be begun, or any other act or thing may be done, and providing for the extension of any such time.

  (5)   Subsection   (4) does not limit the power to make Rules of Court under Chapter   4 of the Federal Circuit and Family Court of Australia Act 2021 that are consistent with the regulations referred to in that subsection.