- 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
5.3.4 Ceasing of Provisional Protection
Key Legislation
Plant Breeder’s Rights Act 1994:
s34 Detailed description in support of application to be given to Registrar
s37 Test growing of plant varieties
s39 Provisional protection
s44 Grant of PBR
Related Chapters
Overview
The present page outlines the circumstances in which provisional protection may cease. For further information on when an application for PBR is entitled to provisional protection, see 4.8 Provisional Protection.
Grant or refusal of an application
Provisional protection may cease when an accepted application for PBR is granted (s44), or when the application is refused.
When an application for PBR is granted, the applicant becomes the grantee and enjoys the full scope of rights conferred by a granted PBR as outlined in 4.1 Scope and Nature of Plant Breeder’s Rights. The grantee is also entitled to begin an action or proceeding for any infringement of their plant breeder’s right as defined in s39(6).
If the Registrar is not satisfied that an accepted application for PBR meets the requirements for grant as set forth in s44, then the Registrar must refuse the application. Provisional protection will cease on the date the application is refused. For further information around the refusal or grant of an application, see 5.6 Grant or Refusal.
Notice under section 39(2)
Provisional protection will also cease where the Registrar issues a notification to the applicant under s39(2).
If the Registrar is satisfied in relation to an application for PBR in a plant variety, that:
(a) PBR will not be granted or is unlikely to be granted to the applicant; or
(aa) a decision has been taken under s37(2B)(b) not to proceed with the application; or
(ab) the application has been withdrawn; or
(b) the applicant has given an undertaking to a person (whether or not for consideration) not to commence proceedings for infringement of the right of which the applicant is deemed to be the grantee; or
(c) at least 12 months have elapsed since the publication of the detailed description that was given to the Registrar under s34(1);
the Registrar may notify the applicant that provisional protection will cease to apply to the variety on a day specified in the notification unless, before that time the applicant has made a submission to the Registrar providing reasons why provisional protection should be maintained.
Amended Reasons
Amended Reason | Date Amended |
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Fixed link to chapter 5.6 in Related Chapters. |
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Fixed link to chapter 5.6 |
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Content migration |