Extension of PBR to cover certain dependent plant varieties

Current

Subject to section 23, if PBR is granted in a plant variety (the initial variety), the right extends to:

(a)

any other plant variety that:

(i)

is not clearly distinguishable from the initial variety; and

(ii)

is clearly distinguishable from any plant variety that was a matter of common knowledge at the time of the grant of PBR in the initial variety; and

(b)

any other plant variety that cannot be reproduced except by the repeated use of the initial variety or of a variety referred to in paragraph (a);

whether or not that other plant variety was in existence at the time PBR was granted in the initial variety.

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