Plant Breeder's Rights Act 1994
45Grant of PBR to be exclusive
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45 Grant of PBR to be exclusive
(1) Subject to subsection (3), only one grant of PBR may be made under this Act in relation to a plant variety.
Note: If PBR is granted to persons who make a joint application, the PBR is granted to those persons jointly: see subsection 44(11).
(3) If: (a) a person is the grantee of PBR in a plant variety (the initial variety); and (b) another person is the grantee of PBR in another plant variety; and (c) the other variety is declared to be essentially derived from the initial variety; subsection (1) does not prevent PBR in the initial variety extending to the other variety.
Note: For declarations of essential derivation, see sections 40 and 41D.