PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 15 Application for plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 15

15. (1) Subject to this Act, a breeder of a new plant variety may make an
application to the Secretary for plant variety rights in respect of the
variety.

(2) A breeder of a new plant variety has the right under sub-section (1) to
make an application for plant variety rights in respect of that variety
whether or not the breeder is an Australian citizen, whether or not the
breeder is resident in Australia and whether the breeder originated the
variety in Australia or in another country.

(3) The right under sub-section (1) of a breeder of a new plant variety to
make an application for plant variety rights is personal property and is
capable of assignment or of transmission by will or by operation of law
(whether before or after the application has been made).

(4) An assignment of a right to make an application for plant variety rights
does not have effect unless it is in writing signed by or on behalf of the
assignor.

(5) Subject to sub-section (6), where 2 or more persons are entitled to make
applications for plant variety rights in respect of a new plant variety,
whether by reason that they originated the variety jointly or independently or
otherwise, those persons or some of those persons may make a joint application
for those rights.

(6) Where 2 or more persons (in this sub-section referred to as the

"breeders") originate a new plant variety jointly, one of those breeders or a
successor of one of those breeders shall not make an application for plant
variety rights in respect of that variety otherwise than jointly with, or with
the consent in writing of, the other person, or each other person, entitled to
make an application for those rights.