3.2.1 Who Can Apply (and who cannot)

Section 24 of the PBR Act states that applications are accepted from:

		the original breeder (defined in Section 3 PBR Act) of a new variety
		from the employer of the original breeder if the breeder is an employee of an organisation
		from 2 or more joint breeders or
		from a person who has acquired ownership rights from the original breeder.

Overseas breeders or owners must appoint an agent to represent their interest in Australia (Section 26(3) PBR Act). The right to apply is personal property and can therefore be assigned or transferred, but this must be in writing signed by the assignor (Section 20, 25 and 48(3)).

A person cannot apply unless they are the breeder (or assignee from the breeder) of the variety. Therefore a licensee cannot apply, for example.

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