- Part 1. Quality
- Part 2. Qualified Persons
- Part 3. Acceptance of Applications
- Part 4. Test Growing
- Part 5. Plant Varieties Journal
- Part 6. Public Comments
- Part 7. Grant of Plant Breeder's Rights
- Part 8. Refusing an Application for PBR
Part 6.1 Objections to Applications
A person may make objections to applications for PBR if:
- their commercial interests would be affected, and
- the application will not fulfill all the conditions required by the Plant Breeder’s Rights Act.
Objections to applications must be lodged with the Registrar no later than six months after the date the description of the variety is published in the Plant Variety Journal (PVJ). The objector must provide evidence of effect on their commercial interests and reasons why the application cannot meet the provisions of the Act and be granted.
The delegate is required to give a copy of the objection to the applicant. The objection is also available to the general public on request. The applicant has the opportunity to respond to the evidence presented. Where necessary, additional information may be sought from either party or third parties. The delegate then decides whether or not the objection will be upheld and, subsequently, whether the application will be granted. The PBRO is under no statutory obligation to enter into further dialogue regarding an objection or to communicate reasons why an objection is not upheld. In practice, both the objector and the applicant are notified of the outcome of the objection, and the unsuccessful party provided with brief reasons for the decision.
A payment of $100 is required on lodgement of the objection.
Appeal of a decision in regard to an objection can be made to the Administrative Appeals Tribunal (AAT) within 28 days of the decision being issued. Where an objection is upheld (and not further appealed) it will be notified in the PVJ.
Dealing with objections
Although each objection is different, the general process is the same. Generally, a 30 day period to respond to correspondence is given. However, extensions may be available at the discretion of the Delegate. Additional correspondence may also be required if further information is sought from either party or a third party.
- Send a letter to the Objector notifying requirements
- Send a letter to the Applicant notifying lodgement of an objection and requirements for their response
- When a response to the objection is received, it is considered on its merits taking into account the requirements of the PBR Act. The delegate may also seek any further information from any sources deemed necessary in order to make an informed decision on the Objection. The decision on the object is then made by the delegate along with a statement of reasons.
- Send the outcome of the decision to the Objector and the Applicant.