Protection of New Plant Varieties Act 2004 · Updated to 1 Jan 2006 · Part VIII · Infringement
48. Infringement proceedings
Feedback & support(1)
The holder shall have the right to institute court proceedings against any person who has infringed or is infringing his rights.
(2)
The holder shall have the same right against any person who has performed acts which make it likely that an infringement will occur, which in this Part is referred to as an “imminent infringement”.
(3)
The proceedings in subsections (1) and (2) may not be instituted after five years from the date the act of infringement is discovered or could have been reasonably discovered by the holder.