Document ID: chunk:federal_register_of_legislation:C2024C00537:section:40:p3
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 40 (pt 3/4)
Character Range: 72750–75361

to the initial variety (including the applicant) that the Registrar is not so satisfied, and of the reasons for not being so satisfied.
 (10) If, after considering:
 (a) the information presented by the grantee of PBR in the second variety; and
 (b) any information obtained from a test growing conducted in accordance with section 41; and
 (c) any other relevant information obtained by the Registrar;
the Registrar is not satisfied that the grantee of PBR in the second variety has rebutted the prima facie case, the Registrar must:
 (d) declare, in writing, that the second variety is an essentially derived variety of the initial variety; and
 (e) notify each eligible person in relation to the initial variety (including the applicant) of the declaration; and
 (f) notify the grantee of PBR in the second variety of the declaration and of the reasons for not being satisfied that the prima facie case has been rebutted.
 (11) If, after considering the information referred to in paragraph (10)(a), (b) or (c), the Registrar is satisfied that the grantee of PBR in the second variety has rebutted the prima facie case, the Registrar must:
 (a) notify each eligible person in relation to the initial variety (including the applicant) that he or she is so satisfied, and of the reasons for being so satisfied; and
 (b) notify the grantee of PBR in the second variety that he or she is so satisfied.
 (12) While a declaration under this section that the second variety is essentially derived from the initial variety remains in force, section 19 applies in relation to the second variety as if:
 (a) the references in that section to the grantee, in relation to that variety were references both to the person holding PBR in that variety and to the person holding PBR in the initial variety; and
 (b) the reference in subsection 19(4) to 2 years after the grant of PBR were a reference to 2 years after the grant of PBR in the second variety whether or not the declaration of essential derivation was made at the same time or a later time; and
 (c) a failure by the other person holding PBR in the initial variety or the person holding PBR in the second variety to co‑operate in making the second variety available to the public in accordance with the requirements of subsection 19(1) was a failure of the grantee to comply with the requirements of that subsection.
Note 1: Section 19 requires the grantee of PBR in a plant variety to take reasonable steps to ensure reasonable public access to the plant variety.
Note 2: A decision under this section to declare, or not to declare, a plant variety essentially