5.8 Offer to Surrender

Date Published

Section 52 of the Plant Breeder's Rights Act 1994 states that the holder of PBR in a plant variety may at any time offer to surrender their right via a written notice to the Registrar. Due to the legislative requirement for a notice in writing, the PBR Office cannot action verbal requests for surrender. If a verbal request is received, examiners should contact the applicant or their authorised agent (if one has been appointed) and advise that the PBR Office requires submission of a written, signed notification. 

Applicant(s) or their agents may make the offer to surrender by completing the Offer to Surrender Plant Breeder’s Rights form. The completed form must be submitted via Online Services and contain the signature of the applicant(s) or agent. Applicant(s) or their agents may request the withdrawal or surrender of multiple varieties in the form, provided they are duly authorised to do so for each variety. 

Applicants should note that a Qualified Person cannot authorise the surrender of PBR unless they are also authorised to act as the applicant's agent in respect to PBR in that variety. 

Amended Reasons

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