- Plant Breeder’s Rights Act 1994
- Act No. 110 of 1994 as amended
- Contents
- Part 1—Preliminary
- Part 2—Plant breeder’s right
- Part 3—Application for plant breeder’s right
- Part 4—The grant and revocation of Plant Breeder’s Right
- Part 5—Enforcement of Plant Breeder’s Right
- Part 6—Administration
- Part 7—Plant Breeder’s Rights Advisory Committee
- Part 8—Miscellaneous
- Part 9—Transitional
- Schedule
- Notes
- Part 1—Preliminary
- Part 2—Plant breeder’s right
- 11 General nature of PBR
- 12 Extension of PBR to cover essentially derived varieties
- 13 Extension of PBR to cover certain dependent plant varieties
- 14 Extension of PBR to harvested material in certain circumstances
- 15 Extension of PBR to products obtained from harvested material in certain circumstances
- 16 Certain acts done for private, experimental or breeding purposes do not infringe PBR
- 17 Conditioning and use of farm saved seed does not infringe PBR
- 18 Restriction on grantee’s rights in certain circumstances
- 19 Reasonable public access to plant varieties covered by PBR
- 20 PBR is personal property
- 21 Registrar must be notified of an assignment of PBR
- 22 Duration of PBR
- 23 Exhaustion of PBR
- Part 3—Application for plant breeder’s right
- Division 1—The making of the application
- 24 Right to apply for PBR
- 25 Right to apply for PBR is personal property
- 26 Form of application for PBR
- 27 Names of new plant varieties
- 28 Applications to be given priority dates
- 29 Priority dates arising from foreign application
- 30 Acceptance or rejection of applications
- 31 Requests for variation of application
- 32 Notification of decisions on requests to vary application
- 33 Withdrawal of application
- Division 2—Dealing with the application after its acceptance
- Division 3—Provisional protection
- Division 4—Essential derivation
- Part 4—The grant and revocation of Plant Breeder’s Right
- Division 1—Grant of Plant Breeder’s Right
- Division 2—Revocation of Plant Breeder’s Right or declaration of essential derivation
- Part 5—Enforcement of Plant Breeder’s Right
- Part 6—Administration
- Part 7—Plant Breeder’s Rights Advisory Committee
- Part 8—Miscellaneous
- 68 Public notices
- 69 Notices inviting submissions in respect of certain regulations
- 70 Genetic resource centres
- 71 The herbarium
- 72 Agents may act in matters relating to PBR
- 73 Service of documents
- 74 Infringement offences
- 75 Offences other than infringement offences
- 76 Conduct by directors, servants and agents
- 76A Doing act when PBR office reopens after end of period otherwise provided for doing act
- 77 Applications for review
- 78 Repeal
- 79 Compensation for acquisition of property
- 80 Regulations
- Part 9—Transitional
- 81 Definitions
- 82 Plant variety rights under old Act to be treated as PBR under this Act
- 83 Applications for plant variety rights lodged and criminal proceedings begun before commencing day
- 84 Other applications and proceedings under old Act
- 85 Transitional arrangements for membership and functions of Advisory Committee
- 86 Register of Plant Varieties
- Schedule
- CONVENTION
- List of Articles
- Chapter I: Definitions
- Chapter II: General Obligations of the Contracting Parties
- Chapter III: Conditions for the Grant of the Breeder’s Right
- Chapter IV: Application for the Grant of the Breeder’s Right
- Chapter V: The Rights of the Breeder
- Chapter VI: Variety Denomination
- Chapter VII: Nullity and Cancellation of the Breeder’s Right
- Chapter VIII:The Union
- Chapter IX: Implementation of the Convention; Other Agreements
- Chapter X: Final Provisions
- Notes to the Plant Breeder’s Rights Act 1994
- Note 1
- Table of Acts
- Table of Amendments
- Note 2
- Table A
Plant Breeder’s Rights Act 1994 Act No. 110 of 1994 as amended This compilation was prepared on 29 March 2011 taking into account amendments up to Act No. 5 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra