- 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
5.8 Offer to Surrender
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.
It is important to ensure that the offer to surrender is properly authorised and the form correctly filled out. In particular, the correct box should be selected for applicants or agents. The box next to the text
“By ticking this box I declare myself to be the person identified below and authorised to sign. The information supplied is true and correct”
must be selected. If there are any missing details or discrepancies in the offer to surrender form, these must be communicated to the person(s) who made the request in writing. This letter must also state that if the person(s) concerned wish to properly surrender the PBR, they must file a further offer to surrender that is properly filled out at their earliest convenience. Where there is doubt as to whether an offer to surrender has been properly made, the matter should be referred to Patent & PBR Oppositions, Hearings and Practice.
Amended Reasons
| Amended Reason | Date Amended |
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Updated content to include further guidance on surrenders. |
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Content migration |