| UNDERSTANDING PBR HOME > 3. THE REGULATORY FRAMEWORK > 3.9 EXEMPTIONS AND RESTRICTIONS > 3.9.5 EQUITABLE REMUNERATION >Page 3.9.5 More Info |
 For example, if PBR has been granted on a variety and a State law requires that variety to be used in a particular beach erosion control program, the state authority concerned would be required to pay the grantee equitably for the use of the variety. Similarly the PBR owner in a major export variety may exercise their right of disallowance by preventing everyone else from exporting the variety. However, State legislation may also prevent the PBR owner themselves from exporting, as this could be limited to a third party marketing board. The theoretical result is a ‘deadlock’ where no exports occur. The new Section 18 clarified the previous policy intent that Plant Breeder's Rights should not be exercised contrary to the public interest, guarding against the possibility that exports could be stopped even though they may be in the public interest. This is achieved by introducing an explicit restriction on the exercise of the PBR owner’s right of disallowance (provided equitable remuneration is negotiated and paid to the PBR owner) if the operation of concurrent legally enforceable legislation empowers a third party to do an act, for example, to export the variety. Go to Section 3.10 Revocation
LEARN MORE ABOUT PBR | USEFUL LINKS | FAQs (IP AUST WEB SITE) | FEEDBACK | DISCLAIMER |
