| UNDERSTANDING PBR HOME > 5. EXPLOITATION > 5.2 LICENSE OTHERS > Page 5.2 |
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The grantee has the right to do (or exclude others from doing) the activities set out in Section 11 of the PBR Act . The grantee also has the right under that Section to licence others to do those things. As the grantee is generally a plant breeder, they can either commercialise the variety themselves or, more likely, licence others such as seed distributors and nurseries to sell the variety for them. These licence agreements are contractual arrangements and are not part of the Plant Breeder's Rights Act. The Plant Breeder's Rights Office is not involved in any way. The Act merely allows the grantee to licence others to do the things in Section 11. However, the agreements usually cover more than the Section 11 matters and also put conditions on how those things can be done. Licenses set out the conditions under which the variety can be grown. They range from simple one line documents to complex multi-page contracts. Anyone wishing to develop such an agreement or to interpret one prepared by someone else should seek separate legal advice. One aspect that should be addressed in the agreement relates to action for infringement. In Section 6.2 of this Guide there is more detail but the important issue for a licencee is that only the grantee can initiate civil action to enforce the rights. If they choose not to do this the licencee could be in a difficult situation. More detail on the contractual arrangements is in Contracts .
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