Marginal note:Maintenance of propagating material

• 30. (1) A holder of the plant breeder’s rights respecting a plant variety shall

  • (a) ensure that the holder is in a position, throughout the period of registration of the holder as such, to furnish the Commissioner at the Commissioner’s request with such propagating material of that variety as is capable of so producing it that its identifiable characteristics correspond with those taken into account for the purpose of granting those rights; and

  • (b) provide the Commissioner at the Commissioner’s request with such facilities, free of charge, and with such information as the Commissioner deems necessary in order to be satisfied that the holder is causing the propagating material to be maintained and is otherwise complying with paragraph (a).

• Marginal note:Inspection

  (2) Facilities requested under paragraph (1)(b) may include facilities for inspection and the Commissioner has power to undertake the inspection accordingly for the purposes of that paragraph.

Marginal note:Assignment of plant breeder’s rights

• 31. (1) The Commissioner shall be, in the prescribed manner and within the prescribed period after the holder of plant breeder’s rights has assigned them,

  • (a) informed of the name and address of the assignee; and

  • (b) furnished with such proof of service of a notice of the assignment on any person granted any of those rights by licence under section 32 as is prescribed or as the Commissioner, in the absence or in lieu of anything so prescribed or in addition thereto, requires.

• Marginal note:Default precluding registration

  (2) An assignee who has not complied with subsection (1) may not be registered as the holder of the plant breeder’s rights.

• Marginal note:Unregistered assignment void against subsequent assignee

  (3) An assignment of plant breeder’s rights is void against a subsequent assignee thereof for valuable consideration without notice who is registered as the holder of the rights unless, before the subsequent assignee is so registered, the person to whom that assignment is made is registered as holder of the rights.

Marginal note:Grant of compulsory licences

• 32. (1) Subject to this section and the regulations, the Commissioner shall, on application by any person, where the Commissioner considers that it is appropriate to do so, confer on the person in the form of a compulsory licence rights to do any thing that the holder might authorize another person to do pursuant to paragraph 5(1)(d).

• Marginal note:Objectives on granting compulsory licence

  (2) In disposing of an application for, and settling the terms of, a compulsory licence pursuant to this section in relation to any plant variety, the Commissioner shall endeavour to secure that

  • (a) the plant variety is made available to the public at reasonable prices, is widely distributed and is maintained in quality; and

  • (b) there is reasonable remuneration, which may include royalty, for the holder of the plant breeder’s rights respecting the plant variety.

• Marginal note:Provision as regards propagating material

  (3) A compulsory licence under this section may include terms requiring the holder of the plant breeder’s rights affected by the licence to make propagating material available to the holder of the compulsory licence.

• Marginal note:Variation and revocation of licence

  (4) The Commissioner may at any time, on representations made by any interested person, extend, limit, vary or revoke a compulsory licence granted pursuant to this section.

• Marginal note:Representations by persons adversely affected

  (5) The Commissioner shall not dispose of any application for, or settle the terms of, a compulsory licence pursuant to this section or exercise jurisdiction pursuant to subsection (4) without giving interested persons who will be adversely affected by the Commissioner’s decision a reasonable opportunity to make representations with respect thereto pursuant to such notice as the Commissioner deems it appropriate to give.

• Marginal note:Compulsory licence not to be exclusive

  (6) No compulsory licence that is an exclusive licence shall be granted pursuant to this section.