Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 57B

    The Federal Court or Federal Circuit and Family Court of Australia (Division   2) may grant the relief sought by an applicant under section   57A, unless the respondent satisfies the Court that:

  (a)   the respondent is the grantee of the PBR in the plant variety or an exclusive licensee of the grantee; and

  (b)   the acts about which the threats were made infringe, or would infringe, the PBR in the plant variety.