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Plant Breeder's Rights Act 1994
In force
Administered by
Department of Industry, Science and Resources
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C2007C00124
27 March 2007
-
19 February 2010
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Definition of essentially derived varieties
5 Definition of breeding
6 Genetic modification
8 Approved persons
9 Act to bind Crown
9A Application of the Criminal Code
10 Extent of Act
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Part 2—Plant breeder’s right
11 General nature of PBR
12 Extension of PBR to cover essentially derived varieties
13 Extension of PBR to cover certain dependent plant varieties
14 Extension of PBR to harvested material in certain circumstances
15 Extension of PBR to products obtained from harvested material in certain circumstances
16 Certain acts done for private, experimental or breeding purposes do not infringe PBR
17 Conditioning and use of farm saved seed does not infringe PBR
18 Restriction on grantee’s rights in certain circumstances
19 Reasonable public access to plant varieties covered by PBR
20 PBR is personal property
21 Registrar must be notified of an assignment of PBR
22 Duration of PBR
23 Exhaustion of PBR
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Part 3—Application for plant breeder’s right
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Division 1—The making of the application
24 Right to apply for PBR
25 Right to apply for PBR is personal property
26 Form of application for PBR
27 Names of new plant varieties
28 Applications to be given priority dates
29 Priority dates arising from foreign application
30 Acceptance or rejection of applications
31 Requests for variation of application
32 Notification of decisions on requests to vary application
33 Withdrawal of application
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Division 2—Dealing with the application after its acceptance
34 Detailed description in support of application to be given to Secretary
35 Objection to application for PBR
36 Inspection of applications and objections
37 Test growing of plant varieties
38 Characteristics of plant varieties bred or test grown outside Australia
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Division 3—Provisional protection
39 Provisional protection
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Division 4—Essential derivation
40 Applications for declarations of essential derivation
41 Test growing associated with applications for declarations of essential derivation
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Part 4—The grant and revocation of Plant Breeder’s Right
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Division 1—Grant of Plant Breeder’s Right
42 PBR not to be granted in excluded varieties
43 Registrable plant varieties
44 Grant of PBR
45 Grant of PBR to be exclusive
46 Grant of PBR to be entered on Register
47 Notice of grant of PBR
48 Effect of grant of PBR
49 PBR may be subject to conditions
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Division 2—Revocation of Plant Breeder’s Right or declaration of essential derivation
50 Revocation of PBR
51 Entry of particulars of revocation
52 Surrender of PBR
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Part 5—Enforcement of Plant Breeder’s Right
53 Infringement of PBR
54 Actions for infringement
55 Declarations as to non-infringement
56 Jurisdiction of Court
57 Innocent infringement
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Part 6—Administration
58 Registrar of Plant Breeder’s Rights
59 Delegation
60 Certain persons not to acquire PBR
61 Register of Plant Varieties
62 Inspection of Register
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Part 7—Plant Breeder’s Rights Advisory Committee
63 Establishment of Advisory Committee
64 Membership of Advisory Committee
65 Remuneration and allowances
66 Disclosure of interests
67 Meetings
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Part 8—Miscellaneous
68 Public notices
69 Notices inviting submissions in respect of certain regulations
70 Genetic resource centres
71 The herbarium
72 Agents may act in matters relating to PBR
73 Service of documents
74 Infringement offences
75 Offences other than infringement offences
76 Conduct by directors, servants and agents
76A Doing act when PBR office reopens after end of period otherwise provided for doing act
77 Applications for review
78 Repeal
79 Compensation for acquisition of property
80 Regulations
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Part 9—Transitional
81 Definitions
82 Plant variety rights under old Act to be treated as PBR under this Act
83 Applications for plant variety rights lodged and criminal proceedings begun before commencing day
84 Other applications and proceedings under old Act
85 Transitional arrangements for membership and functions of Advisory Committee
86 Register of Plant Varieties
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Schedule 1
Chapter I: Definitions
Chapter II: General Obligations of the Contracting Parties
Chapter III: Conditions for the Grant of the Breeder’s Right
Chapter IV: Application for the Grant of the Breeder’s Right
Chapter V: The Rights of the Breeder
Chapter VI: Variety Denomination
Chapter VII: Nullity and Cancellation of the Breeder’s Right
Chapter VIII:The Union
Chapter IX: Implementation of the Convention; Other Agreements
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Chapter X: Final Provisions
Notes to the STYLEREF ShortT \* MERGEFORMAT Plant Breeder’s Rights Act 1994