Part 8. Refusing an Application of PBR

Refusing a grant of PBR

In some cases, the examiner assessing an application under section 44 of the Plant Breeder’s Rights Act (the Act), is unable to recommend that the application be granted.

This may occur inter alia because information to satisfy the requirements of the Act has not been supplied by the applicant or on the applicant’s behalf (for example by the nominated Qualified Person). In these cases, the examiner may recommend to the delegate that the application be refused and provide justification for the recommendation and documentation of attempts to resolve the issue.

The delegate reviews the case and either accepts the recommendation and advises the applicant of the intention to refuse the application or directs the examiner to appropriate action.

If the decision is to refuse the application, the applicant is given 30 days to provide satisfactory reasons as to why the application should not be refused. If no reasons are provided or the reasons are unsatisfactory, then the delegate refuses the application and notice of the decision is published in the Plant Varieties Journal.