PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 29 Effect of grant on certain persons

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 29

29. (1) Where plant variety rights in respect of a plant variety are granted
to a person, another person who was entitled to make an application for those
rights (whether or not a person who orginated that variety independently of
the breeder), or the successor of such another person, is not entitled to any
interest in those rights because of the entitlement to make the application or
because of the grounds of the entitlement, but nothing in this sub-section
prevents a person from applying to the Secretary for the revocation of those
rights or from instituting proceedings before a court of the Administrative
Appeals Tribunal in respect of those rights.

(2) Where-

   (a)  plant variety rights in respect of a new plant variety are granted to
        a person; and
(b) another person (in this sub-section referred to as the "eligible person")
was entitled, at law or in equity, to have the right to make an application
for those plant variety rights assigned to the eligible person, then the
eligible person is entitled to have those plant variety rights assigned to the
eligible person.