3.5 GRANTING PLANT BREEDER'S RIGHTS

Once the Application has been examined by the Plant Breeder's Rights Office and there has been a six month period from the date of publication of the description of the variety (or a variation to the description) for objections, Plant Breeder's Rights can be granted if the conditions for a registrable variety in Section 43 have been met and all objections have been properly dealt with (Section 3.3 of this Guide).

The conditions (dealt with in more detail in Section 4 of this Guide) for a registrable variety are that the variety:

		has not been exploited or has been only recently exploited (this is examined in more detail in section 4.3 of this Guide) - and
		is distinct (Section 4.4 of this Guide); and
		is uniform (Section 4.5 of this Guide); and
		is stable (Section 4.6 of this Guide); and
		has a breeder (Section 3.2.1 and 4.1 of this Guide).

In addition the Secretary must be satisfied of the following (Section 44 of the PBR Act):

		the applicant is entitled to make the application (ie (s)he is the breeder; and
		the grant of that right is not prohibited by this Act; and
		that right has not been granted to another person; and
		the name of the variety complies with Section 27; and
		propagating material of that variety has been deposited for storage, at the expense of the applicant, in a genetic resource centre approved by the Secretary; and
		if the Secretary so requires, a satisfactory specimen plant of the variety has been supplied to the herbarium; and
		all fees payable under this Act in respect of the application, examination and grant have been paid.

If the Secretary refuses to grant Plant Breeder's Rights (S)he must give the Applicant notice of the refusal with reasons within 30 days (Section 44(12) of the PBR Act.)

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