
The key case which confirmed the Constitutionality of the Plant Breeder's Rights Act 1994 and the Plant Variety Rights Act 1987 was Grain Pool vs Cultivaust (the Grain Pool case). The High Court did not directly address this issue or discovery and selective propagation but did not discard the concept when it came up. The history of this area and some of the commentary are addressed in the separate paper on "Discoveries and Selective Breeding".
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