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PLANT BREEDER'S RIGHTS ACT 1994 !!!The following amendment (No. 106, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

PLANT BREEDER'S RIGHTS ACT 1994
Part 1—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Definitions
4. Definition of essentially derived varieties
5. Definition of breeding
6. Genetic modification
7. Approved forms
8. Approved persons
9. Act to bind Crown
9A. Application of the Criminal Code
10. Extent of Act
PLANT BREEDER'S RIGHTS ACT 1994
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
PLANT BREEDER'S RIGHTS ACT 1994
Part 3—Application for plant breeder's right

PLANT BREEDER'S RIGHTS ACT 1994
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
PLANT BREEDER'S RIGHTS ACT 1994
Division 2—Dealing with the application after its acceptance


34. Detailed description in support of application to be given to Secretary
35. Objection to application for PBR
36. Inspection of applications and objections
37. Test growing of plant varieties
38. Characteristics of plant varieties bred or test grown outside Australia
PLANT BREEDER'S RIGHTS ACT 1994
Division 3—Provisional protection


39. Provisional protection
PLANT BREEDER'S RIGHTS ACT 1994
Division 4—Essential derivation


40. Applications for declarations of essential derivation
41. Test growing associated with applications for declarations of essential derivation
PLANT BREEDER'S RIGHTS ACT 1994
Part 4—The grant and revocation of Plant Breeder's Right

PLANT BREEDER'S RIGHTS ACT 1994
Division 1—Grant of Plant Breeder's Right


42. PBR not to be granted in excluded varieties
43. Registrable plant varieties
44. Grant of PBR
45. Grant of PBR to be exclusive
46. Grant of PBR to be entered on Register
47. Notice of grant of PBR
48. Effect of grant of PBR
49. PBR may be subject to conditions
PLANT BREEDER'S RIGHTS ACT 1994
Division 2—Revocation of Plant Breeder's Right or
declaration of essential derivation


50. Revocation of PBR
51. Entry of particulars of revocation
52. Surrender of PBR
PLANT BREEDER'S RIGHTS ACT 1994
Part 5—Enforcement of Plant Breeder's Right

53. Infringement of PBR
54. Actions for infringement
55. Declarations as to non-infringement
56. Jurisdiction of Court
57. Innocent infringement
PLANT BREEDER'S RIGHTS ACT 1994
Part 6—Administration

PLANT BREEDER'S RIGHTS ACT 1994
58 Registrar of Plant Breeder's Rights

59. Delegation
60. Certain persons not to acquire PBR
61. Register of Plant Varieties
62. Inspection of Register
PLANT BREEDER'S RIGHTS ACT 1994
Part 7—Plant Breeder's Rights Advisory Committee

63. Establishment of Advisory Committee
64. Membership of Advisory Committee
65. Remuneration and allowances
66. Disclosure of interests
67. Meetings
PLANT BREEDER'S RIGHTS ACT 1994
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
77. Applications for review
78. Repeal
79. Compensation for acquisition of property
80. Regulations
PLANT BREEDER'S RIGHTS ACT 1994
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
PLANT BREEDER'S RIGHTS ACT 1994
Schedule 1

PLANT BREEDER'S RIGHTS ACT 1994
Notes to the Plant Breeder's Rights Act 1994

Table A

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