4.8.3 Qualified Person

A Qualified Person, acts as a PBR applicant's technical consultant. They accept responsibility for overseeing the comparative trial and for providing evidence that a variety is distinct, uniform and stable. This role may involve the Qualified Person consulting on choice of comparative varieties, experimental design, management regime, collection of data, statistical analysis, photography and preparation of the description of the variety.

The Qualified Person's technical role helps guarantee that applications for PBR are technically rigorous. It complements the role of PBR Office examiners in ensuring that PBR grants are legally sustainable in the event of infringement and subsequent litigation.

When first applying for PBR, an applicant must nominate a Qualified Person. This is done using a 'Qualified Person' form - 'Nomination of a Qualified Person'. This form is intended to provide a guide for the applicant and their Qualified Person in determining what functions the Qualified Person will play in the preparation of the application. Once the application is complete, the Qualified Person must certify the application by completing and signing form 'Qualified Person' - 'Certification by the Qualified Person'. This form outlines exactly which functions the Qualified Person undertook or supervised in relation to the application.

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