Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 48

48.(1) If a person is granted PBR in a plant variety:

   (a)  any other person who was entitled to make, but had not made,
        application for the right in the variety:

        (i)    ceases to be entitled to make such application; and

        (ii)   is not entitled to any interest in the right; and

   (b)  any other person who had made application for the right in the
        variety:

        (i)    ceases to be entitled to have his or her application considered
               or further considered; and

        (ii)   is not entitled to any interest in the right.

(2) Subsection (1) does not prevent a person:

   (a)  from applying for a revocation of the rights under section 50; or

   (b)  from instituting proceedings before a court or the AAT in relation to
        the right; or

   (c)  from requesting the Secretary to make a declaration under section 39
        that the plant variety in which the right was granted is essentially
        derived from another plant variety in which the person holds PBR.

(3) If:

   (a)  PBR in a particular plant variety is granted to a person; and
(b) another person (the "eligible person") was entitled, at law or equity, to
an assignment of the right to make an application for the PBR; the
eligible person is entitled to an assignment of the PBR.