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PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 17 Names of new plant varieties

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 17

Names of new plant varieties
17. (1) The name of a new plant variety shall consist of a word or words
(which may be an invented word or words) with or without the addition of-

   (a)  a letter or letters not constituting a word;

   (b)  a figure or figures; or

   (c)  both a letter or letters not constituting a word and a figure or
        figures.

(2) A new plant variety shall not have-

   (a)  a name the use of which would be likely to deceive or cause confusion,
        including a name that is the same as, or is likely to be mistaken for,
        the name of another plant variety;

   (b)  a name the use of which would be contrary to law;

   (c)  a name that comprises or contains scandalous or offensive matter; or

   (d)  a name, or name of a kind, that is, at the time when the application
        is made, prohibited by the regulations.

(3) The name of a new plant variety in respect of which an application is made
shall comply with any recommendations of the International Code of
Nomenclature for Cultivated Plants, as in force when the application is made,
formulated and adopted by the International Commission for Nomenclature of
Cultivated Plants of the International Union of Biological Sciences that are
accepted by Australia.

(4) The name of a new plant variety in respect of which an application is made
shall not consist of, or include-

   (a)  the name of a natural person living at the time of the application,
        other than a person who has given written consent to the name of the
        plant variety;

   (b)  the name of a natural person who died within the period of 10 years
        immediately preceding the application, other than a person who has
        given, or whose legal personal representative has given, written
        consent to the name of the plant variety; or

   (c)  the name of a corporation, organisation or institution, other than a
        corporation, organisation or institution that has given its written
        consent to the name of the plant variety.