PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 40 Infringement of plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 40

40. Subject to sections 38 and 39, the plant variety rights of a grantee in
respect of a plant variety are infringed by-

   (a)  a person who, not being licensed by the grantee to sell plants of that
        variety, sells, or holds himself, herself or itself out as being
        willing to sell, plants of that variety;

   (b)  a person who, not being licensed by the grantee to sell reproductive
        material of plants of that variety, sells, or holds himself, herself
        or itself out as being willing to sell, reproductive material of
        plants of that variety;

   (c)  a person who, not being licensed by the grantee to produce plants of
        that variety for sale, produces plants of that variety for sale;

   (d)  a person who, not being licensed by the grantee to produce
        reproductive material of plants of that variety for sale, produces
        reproductive material of plants of that variety for sale;

   (e)  a person who, being a person to whom a licence has been granted in
        respect of that plant variety, does not comply with a term or
        condition of the licence; or

   (f)  a person who uses the name of that plant variety, being the name
        entered in the Register, in relation to any other plant variety or in
        relation to any plant other than a plant of the first-mentioned
        variety.