PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 31 Assignment of plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 31

31. (1) Where plant variety rights are assigned or transmitted to a person,
the person shall, within 7 days after acquiring those rights, inform the
Registrar in writing that the person has acquired those rights, giving
particulars of the manner in which those rights were acquired, and the
Registrar, if satisfied that the rights have been so assigned or transmitted,
shall amend the Register and enter the name of that person on the Register as
the grantee of those rights.

(2) Where, in accordance with sub-section (1), the Registrar enters on the
Register as the grantee of plant variety rights the name of a person who
claims to have acquired those rights, the Registrar shall, within 7 days after
entering the name on the Register, give written notice to that person and to
the person who was the grantee before the entry was made stating that the
entry has been made.

(3) Where the Registrar is not satisfied that plant variety rights have been
assigned or transmitted to a person (in this sub-section referred to as the

"claimant") who has informed the Registrar in accordance with sub-section (1)
that those rights have been assigned or transmitted to the claimant, the
Registrar shall forthwith-

   (a)  give written notice to the claimant-

        (i)    stating that the Registrar is not so satisfied; and

        (ii)   setting out the grounds on which the Registrar is not so
satisfied; and

   (b)  give written notice to the grantee of those rights-

        (i)    setting out particulars of the information given by the
               claimant

        (ii)   stating that the Registrar is not so satisfied; and

        (iii)  setting out the grounds on which the Registrar is not so
satisfied.

(4) A person who informs the Registrar in accordance with sub-section (1) that
plant variety rights have been assigned or transmitted to the person shall
give written notice to the Registrar of an address in Australia for the
service of documents on him or her in accordance with this Act and-

   (a)  where the Registrar enters the name of that person on the Register in
        accordance with sub-section (1) and that address is different from the
        address entered in the registrar in accordance with paragraph
        27(e)-the Registrar shall amend the Register so that the address so
        given is entered in the Register as the address for service of
        documents on the grantee for the purposes of this Act; or

   (b)  where the Registrar is not satisfied that those rights have been
        assigned or tranmitted to that person - the notice to that person
        under paragraph (3) (a) shall be given by being posted by pre-paid
        post as a letter addressed to the person at that address.