- 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
9.2.1 Change of Agent
Note: Section 26(3) of the Plant Breeder’s Rights Act 1994 previously required that applicants residing overseas must appoint an agent to act on their behalf with regards to their application, or provide a postal address in Australia or New Zealand for the service of notices.
However, s26(3) was registered as repealed from the Act on 12 September 2018 and no longer applies to PBR applications filed after this date.
As noted in 4.2.2 Agent, there is no requirement for PBR applicants to nominate an agent to act on their behalf. However, applicants may wish to authorise an agent if they require assistance processing their application. The capacity of agents to act in matters relating to PBR is set forth in s72 of the Plant Breeder's Rights Act 1994.
Generally, applicants will authorise an agent to act on their behalf through the Part 1 application form. However, in some cases the applicant may wish to either nominate an agent after their application has been accepted, or change or remove a previously nominated agent.
Applicants make changes (variations) to a previously nominated agent, or nominate a new agent, after acceptance through completing and submitting an Authorisation of Agent form. Where there are multiple applicants for a single application for PBR, each applicant should complete a separate copy of the Authorisation of Agent form. All requests for variations to an agent must be submitted in written form and verbal requests cannot be actioned.
Applicants may apply to make a variation to a previously nominated agent, or nominate a new agent, subject to the following time limits (s31(5)):
a) after the application for PBR has been accepted, but
b) before concluding examination of the application and the conclusion of any objection to the application.
Applicants wishing to make changes to an agent or nominate a new agent must also pay the prescribed application variation fee set forth in Schedule 1 of the Plant Breeder's Rights Regulations 1994 for the Registrar to consider the requested variation (s31(6)).
Guidance material for IP Australia staff processing requests for change of agent is available at 11.4.16 Variations - PBR Agent Change.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |