- 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
8.4 Change of QP
Key Legislation
Plant Breeder's Rights Act 1994:
- s8 Approved persons
Related chapters:
11.2.2 Qualified Person Administration
A QP acts as a PBR applicant's technical consultant. They accept responsibility for overseeing the comparative trial and for providing evidence that a variety is distinct, uniform and stable. This role may involve the QP consulting on the choice of comparative varieties, experimental design, management regime, collection of data, statistical analysis, photography and preparation of the description of the variety. The QP's technical role helps guarantee that applications for PBR are technically rigorous.
Changes to QPs may be made at any time. To make changes to their QP, applicants (or agents acting on their behalf) should complete the Nomination of a Qualified Person form. The completed form should include the name of the variety, the name of the new nominated QP, and the functions the new QP has agreed to perform in relation to the application (noting that some of these functions are mandatory for QPs to perform and have been preselected in the form):
Once the completed form is received by the PBR Office via online services or post, the change of QP will be processed internally by IP Australia staff. Instructions for internal processing of changes to QPs may be viewed at 11.2.2 Qualified Person Administration - Qualified Person changes.
Amended Reasons
| Amended Reason | Date Amended |
|---|---|
Content migration |