4.8.1 In Australia

To demonstrate Distinctness, Uniformity and Stability the applicant needs to present the results of comparative growing trials between the new variety and the most similar varieties of common knowledge. The description of the new variety is then published to allow wide exposure and opportunity for the identification of any existing varieties that may have the same characteristics as the proposed new variety.

The Plant Breeder's Rights Office requires a person accredited as a Qualified Person, to be responsible for all aspects of the comparative trial, including the choice of comparative varieties, experimental design, collection of data, statistical analysis and preparation of a description of the variety.

The Plant Breeder's Rights Office publishes a description and photograph of each variety in the Plant Varieties Journal. Publication allows relevant people to object to the granting of PBR (see Section 3.3 of this Guide), informs industry and gives the public an opportunity to comment on individual applications.

The Registrar consults widely on all applications. Specifically, (s)he consults the Australian Cultivar Registration Authority for specialist advice on all applications for new varieties of Australian indigenous species. The Registrar also utilises the knowledge and experience of the Plant Breeder's Rights Advisory Committee. The Advisory Committee is comprised of representatives of breeders, producers and consumers, and others with appropriate qualifications and experience.

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