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Plant Breeders’ Rights Act

Version of section 46 from 2002-12-31 to 2015-02-26:


Marginal note:Defence

 A defendant in an action for infringement of plant breeder’s rights may plead as a matter of defence any of the following grounds but no others, in relation to the invalidity of the plant breeder’s rights:

  • (a) that a requirement specified in paragraph 4(2)(a) was not fulfilled;

  • (b) that a condition specified in paragraph 7(1)(a), (b) or (c) was not fulfilled; or

  • (c) that the holder has not complied with paragraph 30(1)(a).


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