4.2.1 Applicant

Also in this Chapter:

• 4.2.2 Agent

• 4.2.3 Breeder

• 4.2.4 Qualified Person

Related Chapters

• 4.2.3 Breeder 
• 4.2.4 Qualified Person 
• 8. Qualified Persons (QPs) 

Key Legislation

• S24 Right to apply for PBR
• S25 Right to apply for PBR is personal property

The applicant is the person or entity making the application to seek the grant of a plant breeder’s right for a variety.  One or more applicants may be listed on an application. 
 

The applicant must be entitled to apply under the Act, either because the applicant is the breeder, or because the right to apply has passed to the applicant. If the applicant is not the original breeder, the Part 1 application must identify the breeder and include particulars of the transfer of the applicant’s entitlement to apply. This should be supported by documentary evidence, such as assignment of rights, contract/employment arrangements, transfer of ownership, a will, court order, or other evidence demonstrating the applicant's entitlement to apply. 

Section 24 of the Act provides that a breeder may apply for Plant Breeders' Rights regardless of whether the breeder is an Australian citizen, resides in Australia, or bred the variety in Australia. Where a variety has been bred jointly by two or more persons, those persons, or any of them, may lodge a joint application. A joint breeder cannot make an application independently unless all other joint breeders are included as applicants or have provided written consent to the application.

Applicants must nominate a qualified person (QP) in the Part 1 application before a PBR application can be accepted. The applicant can change a nominated QP at any time after filing a PBR application by following the change of Qualified Person process (see 4.2.4 Qualified Person and 8. Qualified Persons (QPs)).