New Zealand Legislation: Acts

11 Varieties bred or discovered by 2 or more persons independently

• Subject to section 12 of this Act, where—

  • (a) Before a grant is made in respect of a variety, 2 or more applications in respect of that variety have been made; and

  • (b) The Commissioner is satisfied that the 2 or more applicants concerned are persons who, or successors of persons who, bred or discovered that variety independently; and

  • (c) The Commissioner is satisfied that, but for this section, each of those 2 or more applicants is or would be entitled to a grant in respect of that variety,—

  the Commissioner shall make a grant to that one of those 2 or more applicants whose application in respect of that variety was made first.

  Compare: 1973 No 37 s 13A(1), (2)