- 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 QP Portal 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
4.2.3 Breeder
A breeder of a plant variety is entitled to make an application for PBR in the variety (s24). The breeder may be one or more person(s) or a commercial entity. Where the breeder is an employee or a member of an organisation and the breeding of the variety took place in the course of their duties or organisational membership, then the organisation is considered the breeder.
The definition of breeder at s3 of the Act indicates that any person or body (whether incorporated or not) that has obtained entitlement from the person(s) who actually bred the variety (i.e. the original breeders) are also considered “breeders”. This means that non-legal persons are able to make an application for PBR if so entitled.
Consequently, the inclusion of non-legal persons as applicant does not prevent acceptance of an application under s30. However, PBR can only be granted to legal persons as a consequence of s44(1)(b)(iv). See also 4.2.5 Legal Persons.
Where the applicant for PBR (see 4.2.1 Applicant) in a variety is not the original breeder of that variety, the applicant must provide particulars of the transfer of ownership in the Part 1 application form.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Addition of information re s3, s30, s44, and entitlement to apply as a non-legal person |
|
Content migration |