Clarify that it is an offence to claim Plant Breeder's Rights protection after it has expired or terminated

Policy ID: 
48
Status: 
On hold
Priority: 
Low
Issue summary: 

The Plant Breeder's Rights (PBR) Act currently provides that it is an offence to claim Plant Breeder's Rights protection for a variety which has not been granted Plant Breeder's Rights (including withdrawn applications). However, the situation where Plant Breeder's Rights protection has expired or terminated is not clearly dealt with.

Amendment of s75 of the Plant Breeder's Rights Act could clarify that it is also an offence to claim that a variety is Plant Breeder's Rights protected when it was previously Plant Breeder's Rights protected but the protection is now no longer in effect.

History: 
On hold 04-Sept-2017
Comments: 
IP Australia does not have sufficient evidence of a problem to justify action at this time. IP Australia is monitoring this issue, and would welcome any relevant evidence from stakeholders.
Tag: 
Plant Breeder's Rights

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