- 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
4.2.2 Agent
Note: Section 26(3) of the Plant Breeder’s Rights Act was repealed on 24 February 2019 and defines requirements for applicants residing overseas. For applications filed before 24 February 2019, examiners should consider the provisions of Section 26(3) of the Plant Breeder’s Rights Act 1994.
For applications filed on or after 24 February 2019, the provisions of s26(3) do not apply. However, Section 26(1A) of the Plant Breeder’s Rights Act stipulates that applicants must nominate an address for service of documents located within Australia or New Zealand.
While an agent is not required, an applicant for PBR may nominate an agent to act on their behalf if they wish (s72).
Agents may be nominated through the Part 1 application form, or following Part 1 application through the Authorisation of Agent form.
Once nominated, an agent is authorised to prepare or lodge any written submission or document, or transact any business, on the applicant’s behalf. This includes lodging an application for PBR on the applicant’s behalf or submitting correspondence to withdraw or surrender the application.
Agents acting on behalf of applicants must nominate an address for service of documents located within Australia or New Zealand (s26(1A) & s73). There is no legislative requirement that the agent is located at the address provided for service, and the provided address may be a PO Box.
Section 26(3) of the Plant Breeder’s Rights Act was repealed on 24 February 2019 and defined requirements for applicants residing overseas. However, the provisions of this section still apply to applications filed prior to 24 February 2019.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Clarified requirements for address for service in Australia and NZ. |
|
Content migration |