UNDERSTANDING PBR HOME > 2. PBR AND OTHER INTELLECTUAL PROPERTY > 2.4 TRADE PRACTICES AND FAIR TRADING LAWS > 2.4.2 ANTI-COMPETITIVE BEHAVIOUR > Page 2.4.2



2.4.2 Anti-competitive Behaviour

Sections 46 and 47 of the Trade Practices Act 1974 deal with misuse of market power and exclusive dealings. Monopoly rights provided by Intellectual Property legislation such as the Plant Breeder's Rights Act 1994 could be contrary to these sections unless grantees ensure that they do not misuse their monopoly rights.

Some monopoly rights are excluded from these provisions of the Trade Practices Act, but at June 2005 there was not an exemption for the Plant Breeder's Rights Act 2004. Readers should check the current status as this may change in the future.

The Australian Competition and Consumer Commission (ACCC) administers this Act and can provide further detail.

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