4.8 Provisional Protection

Date Published

Overview 

Section 39 of the Plant Breeder’s Rights Act 1994 sets forth the circumstances wherein provisional protection is applicable.   

When provisional protection is in place for an application for PBR, the applicant is taken to be the grantee of the right for PBR for the purposes of Part 5 (Enforcement of plant breeder’s right) of the Act 

Duration of provisional protection 

Provisional protection applies to an application for PBR from the date of its acceptance until: 

Further information relating to circumstances where provisional protection may cease can be viewed at 5.3.4 Ceasing of Provisional Protection

Rights conferred by provisional protection 

While the applicant is taken to be the grantee of the right for PBR when their application for PBR is under provisional protection, the applicant is not entitled to begin an action or proceeding for the infringement of PBR until the application for PBR has been granted (s39(6)).  

Amended Reasons

Amended Reason Date Amended

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