Elders Rural Services Australia Limited v Registrar of Plant Breeder's Rights [2011] FCA 384

Elders Rural Services Australia Limited v Registrar of Plant Breeder's Rights [2011] FCA 384

An application made under the Plant Variety Rights Act 1987 (Cth) before commencement of the Plant Breeder's Rights Act 1994 (Cth), but not finally disposed of before that commencement, must be dealt with under the old Act pursuant to s 83(1). The expression "for the purpose of dealing with the application" includes the grant or refusal of the application under s 26 of the old Act. Section 44 of the new Act applies to applications for PBR under the new Act and cannot govern an old Act application, including because the requirements for grant differ. Accordingly, Caithness was granted plant variety rights under the old Act, not PBR under the new Act, and the duration was governed by s 32...

Jurisdiction
Australia
Judgment Date
19 April 2011
Procedural Posture
Application for Declaratory and Injunctive Relief Concerning the Duration and Registration of Plant Breeder's or Plant Variety Rights / Final Judgment
Outcome
Application dismissed.
Legal Topics
["plant Breeder's Rights" 'plant Variety Rights' 'transitional Provisions' 'duration of Statutory Rights' 'correction of Drafting Errors in Legislation' 'statement of Agreed Facts']
['intellectual Property' 'statutory Interpretation' 'evidence'] ["plant Breeder's Rights" 'plant Variety Rights' 'transitional Provisions' 'duration of Statutory Rights' 'correction of Drafting Errors in Legislation' 'statement of Agreed Facts']

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Procedural Posture

Application for Declaratory and Injunctive Relief Concerning the Duration and Registration of Plant Breeder's or Plant Variety Rights / Final Judgment

Legal Issues

  1. 1 ["Whether an application for plant variety rights made under the Plant Variety Rights Act 1987 (Cth) and not finally disposed of before commencement of the Plant Breeder's Rights Act 1994 (Cth) is to be decided under the old Act or the new Act." 'Whether a grant made on or after 10 November 1994 in respect of an application under the old Act enjoys a term of 20 years from the date of acceptance or 20 years from the date of grant.' 'Whether the Court should read additional words into s 83 of the Plant Breeder\'s Rights Act 1994 (Cth), namely "save that a successful applicant will be granted PBR pursuant to the provisions of the Act".']

Ratio Decidendi

An application made under the Plant Variety Rights Act 1987 (Cth) before commencement of the Plant Breeder's Rights Act 1994 (Cth), but not finally disposed of before that commencement, must be dealt with under the old Act pursuant to s 83(1). The expression "for the purpose of dealing with the application" includes the grant or refusal of the application under s 26 of the old Act. Section 44 of the new Act applies to applications for PBR under the new Act and cannot govern an old Act application, including because the requirements for grant differ. Accordingly, Caithness was granted plant variety rights under the old Act, not PBR under the new Act, and the duration was governed by s 32...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']