| UNDERSTANDING PBR HOME > 5. EXPLOITATION > 5.0 INTRODUCTION > Page 5.0.1 Introduction |
The PBR right is essentially one of being able to exclude others from doing certain commercial acts. To get the full commercial benefits of this legal protection it is usually necessary to compliment it with a common law contract which sets out the conditions under which others can use the variety, including the payment of a royalty and licence arrangements. There is an important difference between the legal framework which prevents people other than the grantee from doing the things with the variety set out in Section 11 of the PBR Act, and the mechanism the grantee then uses to exploit this right for commercial return. Many people confuse the contractual arrangements with provisions of the Plant Breeder's Rights Act. The provisions of the Act are binding on everyone whereas the contractual arrangements and royalties are negotiable and only binding on the parties to the contract. This difference is particularly important for users of PBR protected varieties who need to be able to distinguish between the mandatory statutory provisions and the additional contractual conditions of use of the variety. This Section on Exploitation deals with the Statutory Rights and a separate site deals with Contractual Arrangements. Go to Section 5.1 Exclusive Right to Sell
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