- 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
9.4.2 Copies of Documents/Objections
Copies of documents are requested for a number of reasons. They may be required for court proceedings, for registration of Plant Breeder’s Rights in other countries or to claim priority in a Convention country or for Qualified Persons (QPs) or applicants so that applications can proceed.
Anyone can request a copy of a document or information held by the Plant Breeder’s Rights office, however it is a requirement of section 36 of the Plant Breeder’s Rights Act, 1994 that information given under subsection 26(2)(ga) of that Act is not available to the public. Consequently, references to the names and synonyms of each parent variety and particulars of any PBR granted in Australia, or in any other contracting party, are to be removed prior to photocopying except when the request is made by the QP or applicant for the purposes of proceeding with Part 2 or for their records only.
Examples of documents requested to be copied by the Office include:
- Part 1 Application form (can also include the QP1 form, Authorisation of Agent form, if applicable, photo, assignment if they were provided with the Part 1 on lodgement) – Section 36(2)
- Part 2 Description form (can also include the QP2 form, GRC form and ACRA forms if they were provided with the Part 2 on lodgement) – Section 36(2)
- Register entry – Section 36(2)
- Objection - If there is more than one objection lodged on an application, then a fee is charged for each objection letter that is created. Please see Fee Schedule.
- Requests for copies of documents must be in writing. In most cases a fee is charged and payment should accompany the request except if the request is made by a QP or an applicant
Copies requested may be certified copies or photocopies:
A certified copy is a copy of a document, or a copy of an extract from a document, held in the Plant Breeder’s Rights office (including the Chief of PBR) that is certified by the Chief of PBR to be a true copy or extract.
Photocopies are copies of documents that are not certified by the Chief of PBR. They are usually obtained for information only, rather than for official purposes.
Customers should request copies of documents by submitting a ‘Service Request’ through Online Services. IP Australia staff processing requests for copies of documents should follow the guidance material at 11.4.13 Duplicate and Reissue Grant Certificates.
Amended Reasons
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Content migration |