- 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
2.1 Using This Manual
Disclaimer
While all care has been taken in preparing and publishing this Manual's contents, associated links, and linked legislation, the Commonwealth, the Director General and the staff of IP Australia accept no responsibility for any error or omission in the Manual's contents, associated links, or linked legislation, or their consequences, including any damage or loss which may be incurred as a result of reliance on the accuracy, currency or completeness of the Manual's contents, associated links or linked legislation. Access to and use of the Manual's contents, associated links, and linked legislation is provided subject to and conditional upon acceptance of the terms of this disclaimer.
About this manual
The Manual is a reference manual for Plant Breeder’s Rights examination staff and defines the authorised current practice that applies to the examination of PBR applications. Please note that this manual should not be viewed as a user guide for Plant Breeder’s Rights applicants.
The Manual is maintained as an online document that can be accessed internally by examination staff from the PBR Examination workbench on the intranet, as well as through other intranet pages. The Manual is also available for viewing by external stakeholders on the IP Australia Manuals page.
Navigating the manual
The navigation menu (located on the left-hand side of each page) and the Home page list all the topics covered in the manual, with each topic grouped into one of 12 volumes.
Click or touch the downwards arrows in the navigation menu next to volume or chapter titles to expand and display the pages below.
Click or touch volume, chapter or page title text on the navigation menu or the volume title text on the Home page to navigate to the corresponding volume, chapter or page directly.
Search toolbar
Use the search toolbar at the top of each page to find pages containing words or phrases. The word or phrase searched for is highlighted in the page text.
Search for | Example | Results |
A single word | variety | Pages that contain the word variety are displayed |
A phrase | variety description | Pages that contain either or both words are displayed |
A phrase in quotation marks | "variety description" | Pages that contain the words side by side are displayed |
A phrase using AND as a boolean operator | variety AND description | Pages that contain both words are displayed |
Phrases using AND as a boolean operator | "variety description" AND "varieties journal" | Pages that contain both phrases are displayed |
Manual Editor and Sub Editor
The Editor authorises or seeks authorisation for any changes and relays these changes to the appropriate areas.
The Editor may delegate some of the date to day duties to a Sub Editor.
Editor | Chief, Plant Breeder's Rights |
| Sub-editor | Assistant Director, Plant Breeder's Rights |
Other Contacts for the Manual
Section | Contact |
Web, Multimedia and Design |
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |