- 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
5.1.3 What to Expect During Field Examination
Note: Assessment of the requirement for field examination must be completed by the field examiner in the required form and approved by the field examiner's supervisor before travel takes place. Examiners should view 11.4.2 Assessment of Requirement for Field Examination for further information.
PBR Examiners are required to undertake regular travel, sometimes to remote locations and under varying conditions, to examine growing trials for the purposes of the Plant Breeder’s Rights Act 1994 (PBR Act). The types of activities involved may include periods of driving in unfamiliar conditions, exposure to the elements for significant periods, remote locations and physical activity. Before undertaking field work, Examiners should familiarise themselves with IP Australia's work health and safety policies and procedures.
When preparing for such travel the PBR Examiner should identify any potential hazards and consider the assessment and control of the risks. Any concerns should be raised with the Examiner's supervisor in order to mitigate the risks to mutual satisfaction before the travel.
Some factors to consider when arranging travel are:
- ensure sufficient time is available to undertake the examination. Keep return flights flexible. Do not rush back to the airport.
- drive to the recommended conditions and take rest breaks at least every 2 hours.
- ensure appropriate protective gear, e.g. hat, sunscreen and secure footwear.
A standing item is on the PBR meeting agenda for Examiners to raise and discuss these and any other WHS concerns they may have. However, examiners are encouraged to raise any WHS concerns they may have at any time with their supervisor.
When a risk has been identified, it must be recorded in the WHS Risk Register.
The overall risk management in PBR conforms to IP Australia’s Risk Management Policy.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |