UNDERSTANDING PBR HOME
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USEFUL LINKS
PBR RELATED
IP Australia and PBR Office
Australian Centre for Intellectual Property in Agriculture (ACIPA)
UPOV
Agreement on Trade Related Intellectual Property (TRIPS)
Advisory Council for Intellectual Property: comparison between Innovation Patent and other forms of IP
Rimmer M "Franklin Barley, Patent Law and Plant Breeder's Rights"
Australian Law Reform commission Inquiry into Gene patenting and human health 2004
Advisory Council for Intellectual Property Review of Patents and Experimental Use
Dovuro End Point Royalty Terms and Conditions
Plant Tech Grower Agreement
Report of the Expert Panel on Plant Breeding, December 2002
LEGISLATION
Plant Breeder's Rights Act 1994
Plant Variety Rights Act 1987
Explanatory Memorandum to 2002 amendments to PBR Act
Australian Bills Digest - main changes from PVR Act 1987 to PBR Act 1994
Trade Practices Act 1974
Section 4A Crimes Act 1914
CASES
CASE
MAIN ISSUE
Grain Pool case 2000
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Addresses the Constitutional validity of PBR and PVR legislation
JEM Ag Supply v Pioneer Hi bred International
Patentability of plant material
Monsanto v Schmeiser
Innocent infringement of patent
Buchanan Turf Supplies v Premier Turf
Passing-off and misrepresenting a variety
Cultivaust v Grain Pool 2004
Farm saved seed, extension of PBR to harvested material and products
Cultivaust v Grain Pool 2005
Farm saved seed, extension of PBR to harvested material and products
Sun world v PBR Registrar
What constitutes a sale under PBR
Zee Sweet v Magnom Orchards
Enforceability of Grower contracts
Plant Breeders' Rights and Patents for Plants: a Compendium of Key Case Law for the Horticulture Industries
Complied by ACIPA as part of a HAL funded project; updated June 2007
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