48Effect of grant of PBR

48 Effect of grant of PBR

(1) If a person is granted PBR in a plant variety: (a) any other person who was entitled to make, but had not made, application for the right in the variety: (i) ceases to be entitled to make such application; and (ii) is not entitled to any interest in the right; and (b) any other person who had made application for the right in the variety: (i) ceases to be entitled to have his or her application considered or further considered; and (ii) is not entitled to any interest in the right. (2) Subsection (1) does not prevent a person: (a) from applying for a revocation of the rights under section 50; or (b) from instituting proceedings before a court or the ART in relation to the right; or (c) from applying for a declaration that the plant variety in which the right was granted is essentially derived from another plant variety in which the person holds PBR.

Note: For declarations of essential derivation, see sections 40 and 41D.

(3) If: (a) PBR in a particular plant variety is granted to a person; and (b) another person (the eligible person) was entitled, at law or equity, to an assignment of the right to make an application for the PBR; the eligible person is entitled to an assignment of the PBR.