- 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
4.3 Form an application must take
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.
Amended Reasons
Amended Reason | Date Amended |
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Fixed links to chapters 4.2.1 - 4.2.4 in Related Chapters and content |
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Content migration |