3.3 OBJECTIONS

The Australian Plant Breeder’s Rights scheme is consistent with the International Convention for the Protection of New Plant Varieties 1991 (UPOV 91), where applicants are entitled to protection, in the absence of proof to the contrary.

One of the key parts of the Plant Breeder's Rights system is the provision for objection once the description of the "new" variety is published in the Plant Varieties Journal. A person is entitle to lodge a substantiated objection to an application for Plant Breeder's Rights if (Section 35):

• their commercial interests would be affected adversely, and
• the application will not fulfil all the conditions required by the PBR Act.

Those objecting to applications, requesting revocation of an existing grant, or requesting a declaration that a plant variety is essentially derived from another plant variety must provide conclusive supporting evidence supporting their objection or request. The Plant Variety Rights Office needs to be provided with sufficient information to make a decision (or recommend a decision).

UNDERSTANDING PBR | USEFUL LINKS | FAQs (IP AUST WEB SITE) | FEEDBACK | DISCLAIMER