6.2 WHO CAN TAKE ACTION

The grantee is the only person who can initiate a civil action for infringement of PBR – section 54 (1).

The grantee can pursue redress for infringement of their rights ( section 54(1) through civil action in respect of section 53 (a)(b)(c) seeking damages or an account of profits. See Section 6.1 for more detail on the nature of the Action.

The Department of Public Prosecutions may also take criminal action against infringement under Sub sections 53(a) and (b), but not (c) of the Plant Breeder's Rights Act 1994 . However, criminal action is only likely in exceptional circumstances and where evidence is conclusive - the onus of proof in criminal proceedings is "beyond reasonable doubt". Primary responsibility rests with the grantee to pursue infringement of their rights through dispute resolution or civil action.

Non-Infringement Offences

The Department of Public Prosecutions can pursue non-infringement offences (section 75 (1)(2)(3)(4). These are public interest offences that undermine the intent of the legislation relating to the making of false statements in applications, etc, and to misrepresentation regarding ownership, existence and extent of protection of a variety.

Section 75 makes it an offence to:

	•	make false statements in applications or other documents given to the Registrar or Secretary for the purposes of the Act
	•	falsely representing to be a grantee
	•	falsely representing that a grant extends to another plan variety

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