4.9 PROVIDE COMPARATIVE VARIETIES

Once the PBR office has accepted an application, it is covered by provisional protection (see Section 3.4 of this Guide ). Also it immediately becomes a ‘variety of common knowledge’ and thus may be required by others as a comparator for their applications with a higher application number.

Applicants are required to release propagating material for comparative testing provided that the material is used for no other purpose and all material relating to the variety is returned when the trial is complete. The expenses incurred in the provision of material for comparative trials are borne by those conducting the trials.

As the variety is already under provisional protection, any use outside the conditions outlined above would qualify as an infringement and would be dealt with under Section 53 of the PBR Act.

Applicants having difficulties procuring varieties for use in comparative trials are urged to contact the PBR office immediately.

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