Catchwords
Intellectual Property – Plant Variety Rights - Whether Plant Variety Rights Act 1987 (Cth) was valid - Whether s 82 of Plant Breeder's Rights Act 1994 (Cth) is valid - Scope of s 51(xviii) of the Constitution - Patents of inventions - Nature of varieties of intellectual property - Whether s 51(xviii) requires novelty or inventiveness.
Constitutional Law – Commonwealth Constitution - Legislative powers of the Parliament - Meaning of - Relevance of meaning of words in 1900.
Words and Phrases – "patents of inventions", "origination", "breeding", "intellectual effort", "inventiveness", "novelty", "process", "product", "patent".
Constitution – s 51(xviii).
Plant Variety Rights Act 1987 (Cth).
Plant Breeder's Rights Act 1994 (Cth).