Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 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 ART in relation to the right; or

  (c)   from applying for a declaration that the plant variety in which the right was granted is essentially derived from another plant variety in which the person holds PBR.

Note:   For declarations of essential derivation, see sections   40 and 41D.

  (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.