Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.47

Infringement of PBR--particulars

  (1)   An originating application seeking relief for infringement of a PBR under the Plant Breeder's Rights Act must include particulars of the infringement:

  (a)   specifying the manner in which the PBR is alleged to be infringed; and

  (b)   giving at least one instance of each type of infringement alleged.

  (2)   A respondent in a proceeding mentioned in subrule (1) who relies, in a counterclaim, on a ground mentioned in section   54(2) of the Plant Breeder's Rights Act must give particulars of the facts the respondent intends to rely on for the ground.


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