Commonwealth Numbered Acts

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PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 45

Grant of PBR to be exclusive
45.(1) Subject to subsections (2) and (3), only one grant of PBR may be made
under this Act in relation to a plant variety.

(2) If 2 breeders lodge a joint application for PBR, the Registrar may grant
PBR to them jointly.

(3) If:
(a) a person is the grantee of PBR in a plant variety (the "initial variety");
and

   (b)  another person is the grantee of PBR in another plant variety; and

   (c)  the Secretary declares the other variety to be an essentially derived
        variety of the initial variety; subsection (1) does not prevent PBR in
        the initial variety extending to the other variety. 


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