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PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 33 Supply of reproductive material, &c.

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 33

Supply of reproductive material, &c.
33. (1) Plant variety rights in respect of a plant variety are subject to the
condition that the grantee of the rights shall comply with any notice given to
the grantee by the Secretary under sub-section (2) or (8).

(2) Where plant variety rights are granted in respect of a plant variety, the
Secretary may give the grantee of the rights written notice requiring the
grantee, within 14 days of the giving of the notice or any further time that
is allowed by the Secretary, to cause a specified quantity of reproductive
material of plants of that variety to be delivered, at the expense of the
grantee, to a specified genetic resources centre.

(3) The quantity of reproductive material of plants of a variety specified in
a notice under sub-section (2) shall be the quantity that the Secretary
considers would be sufficient to enable that variety to be kept in existence
if there were no other reproductive material of plants of that variety.

(4) Where the reproductive material of plants is delivered to a genetic
resources centre in accordance with the condition imposed on plant variety
rights by sub-section (1), the Secretary shall, subject to sub-section (6),
cause that material to be stored at a genetic resources centre.

(5) The delivery and storing of the reproductive material of plants in
accordance with this section does not affect the ownership of the material but
that material shall not be dealt with otherwise than for the purposes of this
Act.

(6) The reproductive material of plant stored at a genetic resources centre
may be used by the Secretary for the purposes of this Act, including the
purposes of section 39.

(7) Without limiting sub-sections (5) and (6), where, in accordance with this
section, the reproductive material of plants is stored at a genetic
resources centre that is a place known as a National Plant Genetic Resources
Centre, the material shall not form part of the collection known as the
national gene bank collection and shall not be used for the purposes of that
collection.

(8) Where plant variety rights are granted in respect of a plant variety, the
Secretary may give the grantee of the rights written notice requiring the
grantee, within 14 days of the giving of the notice or any further time that
is allowed by the Secretary, to cause to be delivered to the Secretary a
specimen of a plant of the variety suitable for deposition by the Secretary in
a herbarium.

(9) Where a specimem of a plant is delivered in accordance with the condition
imposed on plant variety rights by sub-section (1), the Secretary shall cause
the specimen to be deposited in a herbarium.