4.3 Form an application must take

Also in this Chapter:

• 4.1 Scope and Nature of Plant Breeder's Rights
• 4.2 Roles in a PBR Application
• 4.4 Variety Denomination
• 4.5 Prior Sales
• 4.6 Priority
• 4.7 Acceptance or Rejection of PBR Application
• 4.8 Provisional Protection

Key Legislation 

Plant Breeder’s Rights Act 1994:

• s26 Form of application for PBR 

Related Chapters 

• 4.2.1 Applicant 

• 4.2.2 Agent 

• 4.2.3 Breeder 

• 4.2.4 Qualified Person 

• 4.4 Variety Denomination 

• 8. Qualified Persons (QPs) 

On this Page

• Overview 

• Details to be provided in the application 

• Attachments 

Overview 

An application for PBR should be in the approved form (s26). The approved form is determined by the Registrar and is the Part 1 application form. This form requires the inclusion of an address for service located in Australia or New Zealand and is completed by the applicant, or an agent if the applicant has nominated an agent to act on their behalf.  

Details to be provided in the application 

The Part 1 application form must contain: 

• the applicant’s name and address (see 4.2.1 Applicant); 

• the agent’s name and address, if the applicant has nominated an agent to act on their behalf (see 4.2.2 Agent); 

• if the applicant is the breeder of the variety, a statement to this effect (see 4.2.3 Breeder); 

• if the applicant is not the breeder, the name and address of the breeder and details of the breeder’s assignment of the right to make an application for PBR to the applicant; 

• the name of the candidate variety (see 4.4 Variety Denomination); 

• a brief description and photograph of the candidate variety; 

• the name of the location where the variety was bred; 

• the names of any parent varieties involved in breeding the candidate variety; 

• the name and any synonyms that any parent variety is known by in Australia; 

• details of any PBR granted in Australia or in any contracting party (UPOV member nation) for any parent varieties; 

• a brief description of how the candidate variety was bred; 

• details of any application for the candidate variety in any contracting party (UPOV member nation) outside of Australia; and 

• the name of a Qualified Person (QP) (see 4.2.4 Qualified Person and 8. Qualified Persons (QPs)) who will verify the particulars of the application, supervise any test growing of the candidate variety and prepare a detailed description of the candidate variety.  

The applicant or their agent provides this information in the form of responses to 24 questions detailed within the form.  

Attachments 

The completed Part 1 application form should be submitted in conjunction with the following attachments: 

• A copy of the transfer of ownership documentation from the breeder to the applicant, if the applicant is not the original breeder; 

• Completed supplementary pages to the Part 1 application form, if more than one person or entity is applying for PBR in the same variety; 

• A completed Authorisation of Agent form if the applicant wishes to nominate an agent to act on their behalf; 

• A completed Nomination of a Qualified Person form; 

• A photograph of the candidate variety showing its distinguishing characteristics; and 

• An application fee if the application is being submitted by post.