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Plant material sold for test marketing before the lodgment of an application should be labelled to establish an intention and time frame for an application for PBR (see Section 4.3 of this Guide on prior exploitation). The following words should be used:
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Eligibility of this plant as a registrable plant variety under Section 43(6) of the Plant Breeder's Rights Act 1994 will expire on .............................*
*(Date nominated must not exceed 12 months from the date of first sale in Australia and not more than 4 years from the date of first sale overseas, or 6 years in the case of overseas sales of tree and vine varieties.)
Warning: it is an offence under Section 75(4) of the Plant Breeder's Rights Act 1994 to intentionally or recklessly represent a non-PBR plant as a PBR protected plant. |
Got to Section 6 Infringement and Enforcement
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