Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to sections 16, 17, 18, 19 and 23, PBR in a plant variety is infringed by:
(a) a person doing, without, or otherwise than in accordance with, authorisation from the grantee of the right, an act referred to in a paragraph of section 11 in respect of the variety or of a dependent variety; or
(b) a person claiming, without, or otherwise than in accordance with, authorisation from the grantee of that right, the right to do an act referred to in a paragraph of section 11 in respect of that variety or of a dependent variety; or
(c) a person using a name of the variety that is entered in the Register in relation to:
(i) any other plant variety of the same plant class; or
(ii) a plant of any other variety of the same plant class.
(1A) To avoid doubt, an infringement of PBR in a plant variety under paragraph (1)(c) can include using a synonym in relation to the name of a plant variety, if that synonym is entered in the Register under paragraph 46(1)(b).
(2) If a plant variety (the derived variety ) has been declared to be an essentially derived variety of another plant variety (the initial variety ), the reference in paragraphs (1)(a) and (b) to authorisation from the grantee of the right means, in relation to the derived variety, authorisation from both the grantee of PBR in the derived variety and from the grantee of PBR in the initial variety.
Note: For declarations of essential derivation, see sections 40 and 41D.
(3) In this section, a reference to the grantee of PBR in a plant variety includes a reference to a person who has, by assignment or transmission, become the holder of that right.
(4) In this section, if a grantee of a PBR in a plant variety has granted an exclusive licence in relation to that right, a reference to the grantee is taken to be a reference to the exclusive licensee.