Plant Breeders’ Rights Act

Marginal note:Defence

46 A defendant in an action for infringement of plant breeder’s rights may plead as a matter of defence any of the following grounds but no others, in relation to the invalidity of the plant breeder’s rights:

• (a) that a requirement specified in paragraph 4(2)(a) was not fulfilled;

• (b) that a condition specified in paragraph 7(1)(a), (b) or (c) was not fulfilled; or

• (c) that the holder has not complied with paragraph 30(1)(a).