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Plant Breeder's Rights Act 1994.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Act provides for the granting of proprietary rights to breeders of certain new varieties of plants and fungi. It defines the plant breeder's rights, their assignment and duration, the application procedure, the conditions for grant, revocation and enforcement of the rights. It also provides for the establishment of a Registrar of Plant Breeder's Rights and a Plant Breeder's Rights Advisory Committee.
The 87 sections of the Act are divided into 9 Parts, i.e.: Preliminary (1); Plant breeder's right (2); Application for plant breeder's right (3); The grant and revocation of plant breeder's right (4); Enforcement of plant breeder's right (5); Administration (6); Plant Breeder's Rights Advisory Committee (7); Miscellaneous (8); Transitional (9).
Section 40 provides for the application for a declaration of essential derivation of a variety subject of a PBR. Section 63 provides for the establishment of a Plant Breeder's Right Advisory Committee.
Attached in Annex is the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as revised.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Long title of text
An Act to provide for granting of proprietary rights to breeders of certain new varieties of plants and fungi, to repeal the Plant Variety Rights Act 1987, and for related purposes.
Notes
Last amendments up to Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Act No. 13, 2021). Registered 18 October 2021.The present Act repeals the Plant Variety Rights Act 1987, see also transitional provisions of Part 9.
Repealed
No
Source language

English

Legislation Amendment
No
Implemented by
Repeals