| UNDERSTANDING PBR HOME > 5. EXPLOITATION > 5.4 GUIDELINES FOR LABELLING > Page 5.4 |
| Holders of provisional or full protection under Plant Breeders Rights should indicate to purchasers that the variety is registered with the Plant Breeders Rights Office, once approval has been given under Section 27 for the name of the new variety. The fact that the variety is covered by PBR protection (provisional of final) is usually indicated by a label.To avoid confusion in the marketplace, the Plant Breeder's Rights Office requires that only recommended versions of the logo and standardised wording be used, as set out in the Industry Guidelines for Labelling. Inadequate labelling of plants under provisional protection could reduce the effectiveness of future rights. Under Section 57 of the Plant Breeder's Rights Act 1994 the court may refuse to award damages against a person in an action for infringement of PBR in a plant variety, if the person was not aware of, and had no reasonable grounds for suspecting, the existence of that right see Section 6.5 of this Guide on Innocent Infringement). Click "More Info" for wording on the label for test marketing before lodgment of the Plant Breeder's Rights Application.
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