- 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
6.3 Request to Rectify the Register
Overview
The Registrar is responsible for keeping a register, otherwise known as the Register of Plant Varieties (s61). To foster public access to the information contained in the Register, the Registrar must also disseminate this information in the most likely manner to enhance its accessibility (e.g. on the Internet).
The Registrar may rectify the Register if the Registrar is satisfied of any or all of the following, whether at the time of application or at any other time (s62A):
- An entry has been omitted from the Register;
- An entry has been made in the Register without sufficient cause;
- An entry wrongly exists in the Register; and/or
- There is an error or defect in an entry in the Register.
There is no legislative restriction on who may submit an application to the Registrar with a request to rectify the Register, or when such applications may be made.
The Registrar may seek further information from any person for the purposes of considering a request to rectify the Register and is not required to consider the application itself while seeking this further information.
Anyone seeking to submit a request to rectify the Register should therefore consider that such requests may result in delays to the progression of their application.
Form of Request to Rectify the Register
Requests to rectify the Register must be made via lodgement of a completed Application to Rectify the PBR Register form. This includes a name and address to be provided by the person making the application to rectify the Register (the applicant) and any agent acting on their behalf. Applicants may nominate an address for service of documents in Australia or New Zealand, which can be a PO box.
The completed form should include details of PBR certificate number(s) and the variety name relating to the request to rectify the Register. The applicant and/or agent should also provide the details of the requested amendment to the Register.
Persons to be Heard
The Registrar must not rectify the Register in relation to PBR in a plant variety without first giving certain parties as set forth in the Act (s62A(4)) a reasonable opportunity to be heard.
These parties include:
- The person making the application to rectify the Register;
- The grantee of the PBR as recorded in the Register; and
- Any other person the Registrar considers appropriate.
Current Proceedings Pending
The Registrar must not rectify the Register in relation to PBR in a plant variety if proceedings are pending in relation to the PBR. These may include proceedings in a court or in the Administrative Review Tribunal (ART) relating to a decision under s21 to amend, or refuse to amend, the Register in relation to the PBR.
The applicant and/or agent must provide details of any current proceedings in relation to the PBR in the Application to Rectify the PBR Register form.
Review of Decision
Any decision taken by the Registrar to rectify, or refuse to rectify, the Register is reviewable by the Administrative Review Tribunal (ART) under s77.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
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