5.3.3 Part 2 Forms and ACRA, GRC Submission

Date Published

Key Legislation

Plant Breeder's Rights Act 1994:

  • s19 Reasonable public access to plant varieties covered by PBR

  • s44 Grant of PBR

  • s70 Genetic resource centres

Overview

The present page outlines forms for completion by applicants and representatives following the submission of the detailed variety description to the Interactive Variety Description System (IVDS) by the Qualified Person (QP) associated with the application.  

The submitted documentation and information contained therein supports the Registrar or delegate’s decision to grant or refuse the application for PBR. For further information regarding the necessary steps prior to grant of an application for PBR, see 3.1 PBR Process Overview.  

Part 2 Forms

The Part 2 form requires the applicant to provide evidence relating to the distinctness, uniformity and stability (DUS) of the candidate variety.  

While evidence of distinctness is provided in the form of the detailed variety description submitted to IVDS (see 5.3.1 IVDS Submissions) and published in the Plant Varieties Journal (PVJ), evidence of uniformity and stability is provided via the completed Part 2 form and is generally not for publication.  

The detailed variety description must be submitted via IVDS prior to submission of the Part 2 form. A photograph demonstrating the characteristics of the variety as reported in the detailed description must also be submitted via online services.  

The evidence presented in the Part 2 form may be obtained from: 

  • A growing trial conducted in Australia; or  

  • A certified overseas test report obtained from an International Union for the Protection of New Varieties of Plants (UPOV) member state which may be accompanied by additional supporting data.  

The results of the Australian growing trial or certified overseas test report must be certified by the Qualified Person (QP) nominated for the application for PBR. The QP completes a declaration in the Part 2 form itself. The completed form should also be accompanied by a completed Certification by a Qualified Person form.  

Australian Native Species and ACRA Submission

Section 44(2) of the Plant Breeder’s Rights Act 1994 sets out the additional requirements for Australian native species. As part of the assessment of PBR application for a variety of an Australian native species, the applicant/agent must submit a satisfactory specimen to the Australian Cultivar Registration Authority (ACRA). The purpose of this submission is to confirm the taxonomic identification of the variety. In addition, the ACRA may suggest additional comparators to be used in the growing trial. Information on how to submit a satisfactory specimen and complete the ACRA Registration form is available on the ACRA website.   A processing fee payable to the ACRA is required.

The applicant/agent must confirm the submission to ACRA by completing a Confirmation of Submission of a Satisfactory Specimen to the Herbarium form. ACRA is not obliged to provide comments to the PBR Office but may do so any time up to six months after publication of the detailed description.  Any comments received from ACRA in relation to the taxonomic identification of the variety or choice of comparator varieties must be considered before grant.

GRC Submission

Before PBR can be granted for a variety, the applicant must deposit propagating material of the variety for storage at a Genetic Resource Centre (GRC).  

Genetic resource centres are places that, in the opinion of the Registrar, are suitable for the storage and maintenance of germplasm material. Genetic resource centres identified as suitable may be declared as such by the Registrar via written notice (s70). The person in charge of a GRC may do all things necessary to maintain the viability of propagating material stored therein. 

The quantity of propagating material submitted to a GRC must be sufficient to enable the variety to be kept in existence if there were no other propagating material of plants of that variety. 

Some examples of larger, well established GRCs include the Australian Grains Genebank and the Australian Pastures Genebank. However, there is no requirement that a GRC consists of such a large national repository and some subsets of the plant breeding industry may employ GRCs that comprise, for example, part of a nursery set aside for the purpose of maintaining stock plants.

The International Union for the Protection of New Varieties of Plants (UPOV), of which Australia is a member nation, has provided documentation which should be referred to when undertaking activities regarding GRCs (see TGP/4 Constitution and Maintenance of Variety Collections). This includes guidance on the maintenance of collections of plant material.

The applicant/agent must submit a Confirmation of Submission of Propagating Material to a Genetic Resource Centre form. This provides information about the GRC where the propagating material for the variety has been deposited.

The delivery and storage of propagating material at a GRC does not affect ownership of the material. Material stored at a GRC may not be dealt with other than for the purposes of the Act. Such purposes may include reasonable public access to plant varieties covered by PBR, as set forth in s19.  

Amended Reasons

Amended Reason Date Amended

Content migration
Back to top