❓ A WA parliamentary question addresses the importation of Yunma hemp seeds, questioning the Department of Agriculture and Food's awareness and actions regarding Hemp Resources Ltd's claimed exclusive rights. The Minister's response clarifies the department's limited involvement and actions taken.
AnsweredQoN 289Legislative Council
QuestionView source ↗
YUNMA HEMP SEED IMPORTATION — DEPARTMENT OF AGRICULTURE AND FOOD
(1) Is the minister aware — (a) that Western Australian company Hemp Resources Ltd owns the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties of Yunnan Industrial Hemp Co Ltd of Yunnan Province, People’s Republic of China; (b) that a party other than Hemp Resources Ltd made an application to import seeds of the same varieties into WA; and (c) that the Department of Agriculture and Food approved that application? (2) If so, was the department aware that at the time of that application, Hemp Resources Ltd held the exclusive rights to those hemp seed varieties? (3) Was the department informed by Hemp Resources Ltd of its exclusive rights, and provided with evidence of those rights? (4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY
(1) Is the minister aware — (a) that Western Australian company Hemp Resources Ltd owns the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties of Yunnan Industrial Hemp Co Ltd of Yunnan Province, People’s Republic of China; (b) that a party other than Hemp Resources Ltd made an application to import seeds of the same varieties into WA; and (c) that the Department of Agriculture and Food approved that application? (2) If so, was the department aware that at the time of that application, Hemp Resources Ltd held the exclusive rights to those hemp seed varieties? (3) Was the department informed by Hemp Resources Ltd of its exclusive rights, and provided with evidence of those rights? (4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY
AnswerView source ↗
I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(b) that a party other than Hemp Resources Ltd made an application to import seeds of the same varieties into WA; and (c) that the Department of Agriculture and Food approved that application?
(c) that the Department of Agriculture and Food approved that application?
(3) Was the department informed by Hemp Resources Ltd of its exclusive rights, and provided with evidence of those rights? (4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter.
(3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(b) that a party other than Hemp Resources Ltd made an application to import seeds of the same varieties into WA; and (c) that the Department of Agriculture and Food approved that application?
(c) that the Department of Agriculture and Food approved that application?
(3) Was the department informed by Hemp Resources Ltd of its exclusive rights, and provided with evidence of those rights? (4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(4) What attempt did the department make to satisfy itself that the rights of Hemp Resources Ltd were not being infringed upon by that application, and by the importation of the Yunma hemp seed varieties pursuant to that application? Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
Hon ROBYN McSWEENEY replied: I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
I thank the honourable member for the question. The minister has replied — (1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(1) (a) I am aware that Hemp Resources Ltd claims to own the exclusive rights in Australia and New Zealand to the Yunma hemp seed varieties, but I am not in a position to determine the veracity of that claim beyond noting that it does not arise from registration under the Plant Breeder’s Rights Act. (b) I am not aware of the details of any application to import seeds of those varieties into WA, because any such application is not made under the Industrial Hemp Act 2004. (c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter. (2) Not applicable. (3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(c) The Department of Agriculture and Food did not receive and did not approve an application to import hemp seeds of any kind into WA. This would have been a commonwealth matter.
(3) The department has certainly been informed of Hemp Resources Ltd’s claim of exclusive rights and was provided, by way of evidence, with an unsigned declaration, and subsequent correspondence that refers to a future right of Hemp Resources Ltd in relation to Yunma seed. These documents were provided after the other party had imported seed. (4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
(4) In an attempt to assist Hemp Resources Ltd, the department entered into correspondence with the Yunnan Industrial Hemp Co Ltd, and with the party that Hemp Resources Ltd claims has no right to the Yunma seed. This correspondence did not establish the existence of any such rights.
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