Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 29

29.(1) A person who lodges an application (the "foreign application") for PBR
in a plant variety in a contracting party other than Australia may, in
accordance with this section, claim the date of that foreign application as
the priority date for the purposes of a subsequent application in Australia
for those rights in that variety.

(2) If:

   (a)  during that period of 12 months after the date of the foreign
application, the person lodges an application in Australia (the "local
application") for PBR in the variety; and

   (b)  the person accompanies the local application with a claim to have the
        date of the foreign application treated as the priority date for the
        purposes of the local application; the person is, if the
        local application is accepted and subject to subsections (3) and (4),
        entitled to have the date referred to in paragraph (b) treated as the
        priority date for the purposes of the local application.

(3) The entitlement of the person to the priority date referred to in
subsection (2) is conditional on the person lodging with the Secretary, within
3 months of making the local application, a copy of the documents that
constituted the foreign application, certified by the Authority that received
the foreign application to be a true copy of the documents.

(4) The entitlement of the person to the priority date referred to in
subsection (2) is conditional on the person providing to the Secretary, within
a period of 3 years after the making of the foreign application, such further
particulars in relation to the plant variety as are required to complete the
consideration of the local application.