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2.4 TRADE PRACTICES AND FAIR TRADING LAWS

An Applicant and Grantee for Plant Breeder's Rights needs to be aware of other Australian laws than can impinge on their exclusive rights granted under the Plant Breeder's Rights Act 1994.

Two key areas of law are:

  • Deceptive and Misleading conduct and
  • Anti-competitive behaviour.

These are dealt with under the Australian Trade Practices Act 1974 and the Fair Trading Laws of the States and Territories. Sections 2.4.1 and 2.4.2 of this Guide deal with them respectively.

Before taking action under this legislation separate legal advice should be obtained.

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