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3.8.1 Breeder (Grantee)
The right granted to the plant breeder under Plant Breeder's Rights is the right to exclude others from doing certain specified acts in relation to the propagating material of a variety, ie, production, reproduction, conditioning, sale, import, exports and stocking of the material (see Section 11 of the PBR Act). In certain circumstances, such as where there has been unauthorised propagation and the grantee has not had a reasonable opportunity to exercise their right, harvested material or products made from the harvested material are covered by the same right as propagating material (see Sections 14 and 15 of the PBR Act and Section 3.1 of this Guide).
In exchange for this right, the grantee has a number of obligations:
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To disclose a description of the variety; Section 34 of the PBR Act requires the applicant to provide a detailed description to the Secretary within 12 months of the date of acceptance of the application (the Secretary can extend this time if sufficient reason is provided). As soon as practicable after receipt the Secretary must give public notice of the detailed description. Section 68 provides for a PBR Journal as the means for giving public notice. |
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To make reasonable quantities available to meet demand (Section 19 PBR Act) (see Section 3.9.4 of this Guide ). |
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To deposit propagating material of the variety in a genetic resource centre (Section 44(1)(b)(vii) of the PBR Act). The PBR Act requires this before the grant of PBR whereas the PVR Act allowed this to be deferred until after the granting. Normally seed-propagated species are deposited in one of the Australian Plant Genetic Resources Centres. Vegetatively propagated material can be maintained as stock plants in a nursery (often in the applicants nursery). A nursery can be a genetic resources centre for the purposes of the PBR Act. Special conditions may apply to deposits of propagating material when a (compulsory) licence is granted under Section 19(10). |
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