- Home
- 1. Recent Changes
- 2. About this Manual, Quality, and Customer Engagement
- 2.1. Using This Manual
- 2.2 Customer Engagement, Quality Management and Timeliness
- 2.3 Procedures for Updating This Manual
- 3. PBR Process Maps
- 4. Part 1 - Application for PBR and Acceptance
- 4.1 Scope and Nature of Plant Breeder's Rights
- 4.2 Roles in a PBR Application
- 4.3 Form an application must take
- 4.4 Variety Denomination
- 4.5 Prior Sales
- 4.6 Priority
- 4.7 Acceptance or Rejection of PBR Application
- 4.7.1 Prima Facie Case for Breeding of the New Variety
- 4.7.2 Prima Facie Case for Distinctness of the New Variety
- 4.7.3 Breeding Process of the New Variety
- 4.8 Provisional Protection
- 5. Part 2 - Dealing With the Application After its Acceptance
- 5.1 DUS Test Growing in Australia
- 5.1.1 Centralised Testing Centres (CTC)
- 5.1.2 Pre-Examination Trial Agreement (PETA)
- 5.1.3 What to Expect During Field Examination
- 5.2 Overseas DUS Test Reports
- 5.3 Detailed Variety Description
- 5.3.1 IVDS Submissions
- 5.3.2 Further Period to Submit Detailed Description
- 5.3.3 Part 2 Forms and ACRA, GRC Submission
- 5.3.4 Ceasing of Provisional Protection
- 5.4 Public Comments
- 5.5 Withdrawals
- 5.6 Grant or Refusal
- 5.7 Revocation of PBR
- 5.8 Offer to Surrender
- 5.9 Expiry of Plant Breeder's Rights
- 6. Register of Plant Varieties
- 7. Essentially Derived Varieties (EDVs)
- 8. Qualified Persons (QPs)
- 9. Variations and Prescribed Fees
- 10. PBR System User Guides
1.2 Overview of Manual Volumes
Overview
The present page provides an overview of the content included in each volume of the Plant Breeder’s Rights Manual of Practice and Procedure. The location of any new content to be added should be considered in alignment with the guidance provided in this page. New content can be added to the Manual following the guidance at 2.3 Procedures for Updating This Manual.
1. Recent Changes
Volume 1 contains information regarding the most recent updates made to the Manual, which are also visible on the home page, and additionally the present overview of the contents of each Manual volume.
3. PBR Process Maps
Volume 3 contains procedural overviews of PBR processes, presented in visual form. Content in this volume is cross-referenced in textual references to the same process for visibility.
4. Part 1 – Application for PBR and Acceptance
Volume 4 outlines Part 1 examination considerations and processes and provides guidance for examiners in the assessment of completed Part 1 examination forms. This volume also outlines the requirements for an application for PBR to reach acceptance and the rights conferred by provisional protection.
5. Part 2 – Dealing With the Application After its Acceptance
Volume 5 details the events between acceptance of an application for PBR and grant of the application and provides information on the circumstances under which PBR will be granted or refused.
6. Register of Plant Varieties
Volume 6 provides information relating to the Register of Plant Varieties, amendments to the Register and public communication of such changes via the Plant Varieties Journal.
7. Essentially Derived Varieties (EDVs)
Volume 7 provides an overview of what is considered an essentially derived variety or EDV and guidance for examiners on assessing applications for the declaration of an EDV.
10. PBR System User Guides
Volume 10 provides guidance for PBR systems that are available to users external to IP Australia, including IP Australia online services, the Interactive Variety Description System (IVDS) and PBR Search.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |