PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 41 Actions for infringement of plant variety rights

PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 41

41. (1) An action or proceeding for an infringement of plant variety rights
may be instituted in the Court.

(2) A defendant in an action or proceeding for an infringement of plant
variety rights in respect of a plant variety may apply by way of counter-claim
in the action or proceeding for the revocation of the plant variety rights-

   (a)  on the ground that the plant variety was not a new plant variety; or

   (b)  on the ground that facts exist which, if known to the Secretary before
        the grant of those rights, would have resulted in the refusal of the
        grant.

(3) If, in an action or proceeding for an infringement of plant variety rights
in respect of a plant variety in which a defendant has applied by way of
counter-claim for the revocation of those rights on a ground referred to in
paragraph (2) (a) or (b), the court is satisfied that the ground exists, the
court may revoke those rights.

(4) Where, in an action or proceeding for an infringement of plant variety
rights, the court, on an application by the defendant by way of counter-claim,
revokes the plant variety rights, the court shall order the defendant to serve
on the Registrar an office copy of the order revoking the plant variety
rights.