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.
Australia · 1994-09-05