- 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
9.1 Assignment of Rights
An assignment of a plant breeder’s right under Section 20 refers to the process by which ownership of a registered PBR, or a PBR whose registration is being sought, may be passed from one person to another. Such assignment includes transmission by will or by operation of law such as a court order.
An assignment of PBR, other than assignment as a result of a court order, does not have effect unless the assignment is delivered in writing. The written assignment must also be signed by, or on behalf of, the assignor and assignee.
The Registrar must be satisfied that ownership has been assigned or transmitted by Deed of Assignment, Contract of Sale, transfer or a simple letter of assignment.
Section 21 requires that the Registrar be advised within 30 days of any change of PBR ownership. This is to ensure that assignments and transmissions of title that have been affected in the marketplace are entered in the Plant Breeder’s Rights records at the earliest opportunity. Failure to comply with the requirement to notify the Registrar under s21 is grounds for revocation of a granted PBR under s50. Further information is presented at 5.7 Revocation of PBR.
If the notification of assignment to the Registrar complies with the formal requirements and is supported by the relevant documentation which establishes title to the plant breeder’s right, the Registrar must record the change of ownership. Guidance for IP Australia staff processing assignments of rights can be viewed at 11.4.16 Variations.
Amended Reasons
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