4.4.3 DEPENDANT PLANT VARIETY

The Plant Breeder's Right is extended by Section 13 of the PBR Act to include “dependent plant varieties”. These are varieties which:

	•	are not clearly distinguishable from the protected variety but are distinguishable from all other varieties of common knowledge or
	•	cannot be reproduced except by repeated use of the initial variety or the non-clearly distinguishable variety.

Section 22(4) of the Plant Breeder's Rights Act 1994 states that the PBR in the dependent variety begins on the day of the grant of PBR in the primary variety or the day the dependent variety comes into existence.

UNDERSTANDING PBR | USEFUL LINKS | FAQs (IP AUST WEB SITE) | FEEDBACK | DISCLAIMER