3.2.3 Steps in Applying for Plant Breeder's Rights
Intending applicants should visit the PBR Office web site to ensure they have the latest information in relation to applications. The steps for application are outlined on the web site and include:
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Obtaining from the breeder a signed Authorisation to act as their agent in Australia for the variety in question if your role is as the Australian agent of an overseas breeder; |
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Completing Part 1 of the application form, supplying a photograph of the new variety, paying the application fee, nominating an accredited 'Qualified Person' and, if the variety is an Australian species, dispatch as soon as possible a herbarium specimen; |
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Engaging the services of the nominated accredited 'Qualified Person' to plan and supervise the comparative growing trial; |
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Conducting a comparative growing trial to demonstrate Distinctness, Uniformity and Stability (DUS), complete Part 2 of the application form and paying the examination fee;
From 1 July 2005 the variety description must be submitted using the Interactive Variety Description System (IVDS - PVJ 18:2 p18), available on the PBR website. Access is available to Qualified Persons registered with the PBR Office. |
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Depositing propagating material in a Genetic Resources Centre. This requires completion of a Form to confirm the deposit. |
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Examining of the application by the PBR Office, which may include a field examination of the comparative growing trial; and including |
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Publishing of a variety description (in the IVDS format) and photograph comparing the new variety with similar varieties in Plant Varieties Journal, followed by a six-month period for objection or comment (see Section 3.3 of this Guide ). |
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Upon successful completion of all the requirements, resolution of objections (if any) and payment of certificate fee, the applicant(s) receives a Certificate of Plant Breeder's Rights. |
Click "More Info" for details on the use of Qualified Persons to assist with the application.
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