Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 23

  (1)   PBR granted in a plant variety does not extend to any act referred to in section   11:

  (a)   in relation to propagating material of the variety; or

  (b)   in relation to propagating material of any essentially derived variety or dependent plant variety;

that takes place after the propagating material has been sold by the grantee or with the grantee's consent unless that act:

  (c)   involves further production or reproduction of the material; or

  (d)   involves the export of the material:

  (i)   to a country that does not provide PBR in relation to the variety; and

  (ii)   for a purpose other than final consumption.

  (2)   If:

  (a)   a plant variety is declared to be an essentially derived variety of another plant variety (the initial variety ); and

  (b)   PBR in the essentially derived variety is held both by the grantee of PBR in the essentially derived variety and by the grantee of PBR in the initial variety;

the reference in subsection   (1) to propagating material sold by the grantee or with the grantee's consent is a reference to propagating material sold by, or with the consent of, both of the grantees referred to in paragraph   (b).

Note:   For declarations of essential derivation to which this subsection applies, see section   40.

  (3)   If, under subsection   18(1), equitable remuneration is paid, or arranged to be paid, to the grantee of PBR, or an exclusive licensee of the grantee, in a plant variety in respect of an act (the first act ) in relation to propagating material of that variety before the person does the act, PBR in that variety does not extend to any later act (the later act ) referred to in section   11 in relation to that propagating material unless the later act:

  (a)   involves the further production or reproduction of that propagating material; or

  (b)   involves the export of the material:

  (i)   to a country that does not provide PBR in relation to the variety; and

  (ii)   for a purpose other than final consumption.

  (4)   To avoid doubt, nothing in subsection   (1) or (3) prevents the exercise of the rights of the grantee of PBR in a plant variety in relation to any propagating material of that variety that is obtained by reproduction of the propagating material to which that subsection applies.