Clarification of s43 of PBR Act

Issue summary

The current drafting of s43 in the PBR Act only refers to recent exploitation of the variety in either Australia or in countries party to the UPOV Convention. However, Article 6 of the UPOV Convention don't distinguish between UPOV members and non-members in relation to recent exploitation.

Clarifying that s43 refers to all countries will ensure that the definition of recent exploitation is aligned with the UPOV Convention and remove any ambiguity.

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August 2018.