Commonwealth Numbered Acts

PLANT BREEDER'S RIGHTS ACT 1994 No. 110, 1994 - SECT 55

55.(1) A person who proposes to perform an act described in a paragraph of
section 11 in relation to the propagating material of a plant variety may, by
an action in the Court against the grantee of PBR in a plant variety, apply
for a declaration that the performance of that act would not constitute an
infringement of that right.

(2) A person may apply for a declaration whether or not there has been an
assertion of an infringement of PBR by the grantee of that right.

(3) The Court must not make such a declaration unless:

   (a)  the person proposing to perform the act:

        (i)    has applied in writing to the grantee of the PBR concerned for
               an admission that the proposed performance of the act would not
               infringe that right; and

        (ii)   has given the grantee full written particulars of the
               propagating material concerned; and

        (iii)  has undertaken to repay all expenses reasonably incurred by the
               grantee in obtaining advice in the declaration; and

   (b)  the grantee has refused or failed to make such an admission.

(4) The costs of all parties in proceedings for a declaration under this
section are to be paid by the person seeking the declaration unless the Court
otherwise orders.

(5) The validity of a grant of PBR in a plant variety is not to be called in
question in proceedings for a declaration under this section.

(6) The making of, or the refusal to make, a declaration under this section
does not imply that a grant of PBR in a plant variety is, or is not, valid.