Document ID: chunk:federal_register_of_legislation:C2024C00537:section:45
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 45
Character Range: 103636–104330

45  Grant of PBR to be exclusive
 (1) Subject to subsection (3), only one grant of PBR may be made under this Act in relation to a plant variety.
Note: If PBR is granted to persons who make a joint application, the PBR is granted to those persons jointly: see subsection 44(11).
 (3) If:
 (a) a person is the grantee of PBR in a plant variety (the initial variety); and
 (b) another person is the grantee of PBR in another plant variety; and
 (c) the other variety is declared to be essentially derived from the initial variety;
subsection (1) does not prevent PBR in the initial variety extending to the other variety.
Note: For declarations of essential derivation, see sections 40 and 41D.