- 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
4.8 Provisional Protection
Overview
Section 39 of the Plant Breeder’s Rights Act 1994 sets forth the circumstances wherein provisional protection is applicable.
When provisional protection is in place for an application for PBR, the applicant is taken to be the grantee of the right for PBR for the purposes of Part 5 (Enforcement of plant breeder’s right) of the Act.
Duration of provisional protection
Provisional protection applies to an application for PBR from the date of its acceptance until:
The application is granted or refused (see 5.6 Grant or Refusal); or
The Registrar issues a notice under s39(2).
Further information relating to circumstances where provisional protection may cease can be viewed at 5.3.4 Ceasing of Provisional Protection.
Rights conferred by provisional protection
While the applicant is taken to be the grantee of the right for PBR when their application for PBR is under provisional protection, the applicant is not entitled to begin an action or proceeding for the infringement of PBR until the application for PBR has been granted (s39(6)).
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
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