Cultivaust Pty Limited v Grain Pool Pty Limited [2005] FCAFC 223

Cultivaust Pty Limited v Grain Pool Pty Limited [2005] FCAFC 223

Section 18 of the Plant Breeder's Rights Act 1994 (Cth) exempts acts involving propagating material used as food, food ingredient, or fuel from constituting infringement of plant breeder's rights, even where harvested material is also propagating material, thus no infringement occurred by sale, export, or stocking by Grain Pool Pty Limited.

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
["plant Breeder's Rights" 'plant Variety Rights' 'statutory Interpretation' 'exception for Food Use' 'costs']
['intellectual Property'] ["plant Breeder's Rights" 'plant Variety Rights' 'statutory Interpretation' 'exception for Food Use' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Interpretation of s 18 of the Plant Breeder's Rights Act 1994 (Cth)" 'Whether acts of sale, export, or stocking Franklin barley infringed PBR' "Significance of the word 'enables' in s 18(1)(b)" "Relationship between ss 14 and 18 of the Plant Breeder's Rights Act 1994 (Cth)" 'Whether costs orders below were made in error']

Ratio Decidendi

Section 18 of the Plant Breeder's Rights Act 1994 (Cth) exempts acts involving propagating material used as food, food ingredient, or fuel from constituting infringement of plant breeder's rights, even where harvested material is also propagating material, thus no infringement occurred by sale, export, or stocking by Grain Pool Pty Limited.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal, except to the extent of any costs incurred in relation to seven volumes of the appeal books." "The first respondent pay one half of the appellant's costs of the preparation of the seven volumes of the appeal books." "The...