Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 13

13. Subject to section 23, if PBR is granted in a plant variety (the

"initial variety"), the right extends to:

   (a)  any other plant variety that:

        (i)    is not clearly distinguishable from the initial variety; and

        (ii)   is clearly distinguishable from any plant variety that was a
               matter of common knowledge at the time of the grant of PBR in
               the initial variety; and

   (b)  any other plant variety that cannot be reproduced except by the
        repeated use of the initial variety or of a variety referred to in
        paragraph (a); whether or not that other plant variety was in
        existence at the time PBR was granted in the initial variety.