57Innocent infringement

#### 57 Innocent infringement (1) A court may refuse to award damages, or to make an order for an account of profits, against a person in an action for infringement of PBR in a plant variety, if the person satisfies the court that, at the time of the infringement, the person was not aware of, and had no reasonable grounds for suspecting, the existence of that right. (2) If the propagating material of plants of the plant variety, labelled so as to indicate that PBR is held in the variety in Australia, has been sold to a substantial extent before the date of the infringement, the person against whom the action for infringement is brought is taken to have been aware of the existence of PBR in the variety, unless the contrary is established.