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PLANT VARIETY RIGHTS ACT 1987 No. 2, 1987 - SECT 14
Plant variety rights not to be granted in respect of varieties previously sold
14. Where an application is made for plant variety rights in respect of a
plant variety, those rights shall not be granted if there has been a sale of a
plant, or reproductive material of a plant, of that variety by, or with the
consent of, the breeder or a breeder, or a successor of the breeder or of a
breeder, of the variety, and-
(a) the sale took place in Australia before the making of the
application;or
(b) the sale took place in another country earlier than 6 years before the
making of the application.
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