Elders Rural Services Australia Limited v Registrar of Plant Breeder's Rights [2012] FCAFC 14

FEDERAL COURT OF AUSTRALIA

Elders Rural Services Australia Limited v Registrar of Plant Breeder's Rights [2012] FCAFC 14 Citation: Elders Rural Services Australia Limited v Registrar of Plant Breeder's Rights [2012] FCAFC 14

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

Parties: ELDERS RURAL SERVICES AUSTRALIA LIMITED (ACN 004 045 121) and CAITHNESS POTATO BREEDERS LIMITED v REGISTRAR OF PLANT BREEDER'S RIGHTS and SECRETARY OF THE DEPARTMENT OF INNOVATION, INDUSTRY, SCIENCE AND RESEARCH OF THE COMMONWEALTH GOVERNMENT OF AUSTRALIA

File number: SAD 96 of 2011

Judges: JACOBSON, SIOPIS AND NICHOLAS JJ

Date of judgment: 29 February 2012

Catchwords: INTELLECTUAL PROPERTY – plant variety rights – plant breeder's rights – repeal of Plant Variety Rights Act 1987 (Cth) by Plant Breeder's Rights Act 1994 (Cth) – where application for plant variety rights was filed and accepted under Plant Variety Rights Act 1987 – where application not granted until after repeal of Plant Variety Rights Act – whether grant of plant variety rights or plant breeder's rights – whether grant of rights made under repealed Act – whether duration of rights granted calculated from date of acceptance or date of grant Held: no grant of plant variety rights under Plant Variety Rights Act – plant breeder's right granted under Plant Breeder's Rights Act – duration of right calculated from date of grant rather than date of acceptance – appeal allowed

Legislation: Plant Variety Rights Act 1987 (Cth) (repealed) Plant Breeder's Rights Act 1994 (Cth) Patents Act 1990 (Cth)