2.4.1 Deceptive and Misleading Conduct

One of the advantages of Intellectual Property rights over a plant variety is that the grantee is able to control the way a particular plant variety is used and sold; the grantee is also protected against others either holding out that they are authorised to deal with the protected variety or who sell some other variety under the name of the new variety. Protection given under the Plant Breeder's Rights Act can be strengthened if it is used in conjunction with laws relating to misrepresentation under the trade practices and fair trading legislation in Australia.

Section 52 of the Trade Practices Act 1974 in relation to deceptive and misleading conduct and Section 53 in relation to misrepresentation can be linked to misrepresentation under Section 53 of the PBR Act. (See Buchanan Turf Supplies Pty Ltd vs Premier Turf - summary under "More Info". Also see Section 6 on Infringement and Enforcement in this Guide ).

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