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3.9.5 Equitable Remuneration
In 2002 a new Section 18 was included in the PBR Act giving the breeder the right to equitable remuneration if the exercise of their rights under Section 11 is restricted by other Commonwealth, State or Territory legislation.
When such legislation restricts the breeder’s right and authorises a person to do an act that would normally infringe Plant Breeder's Rights, equitable remuneration must be paid to the breeder. This amendment better aligns the PBR Act with UPOV 91. (Article 17 of UPOV and Explanatory Memo 2002).
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