56. Volume 12- Number 2 - IP Australia
56. Volume 12- Number 2 - IP Australia
56. Volume 12- Number 2 - IP Australia
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PLANT VARIETIES JOURNAL 1999 VOL <strong>12</strong> NO. 2<br />
Name of Form Form <strong>Number</strong> Last Updated<br />
Application for Plant Breeders Rights Form P1 September 1998<br />
Part 1 – General Information<br />
Guidelines for Completing Part1 Part1ins September1998<br />
Application Form<br />
Application for Plant Breeders Rights Form P2 May 1999<br />
Part 2 – Description of New Variety<br />
Nomination of a Qualified Person Form QP 1 July 1998<br />
Certification by a Qualified Person From QP 2 July 1998<br />
Proposed Variety Names Form DEN1 December 1995<br />
Extension of Provisional Protection and Form EXT 1 April 1995<br />
Payment/Deferment of Examination Fee<br />
(for PVR applications)<br />
Extension of PBR Provisional Form EXT 2 August 1996<br />
Protection (for PBR applications)<br />
Exemption of a Taxon from Farm saved seed Form ET1 September 1998<br />
Status of Application Form STAT 1 November 1995<br />
ACRA Herbarium Specimen Form Herb 1 October 1997<br />
Overseas Test Reports<br />
Many PBR applications are based on overseas DUS test<br />
reports. In the past the PBR office has obtained these reports<br />
from the relevant overseas testing authorities. Often these<br />
reports duplicated information already held by the<br />
applicant.<br />
In many cases DUS test reports are accepted in lieu of<br />
conducting a similar trial in <strong>Australia</strong>. In this way the<br />
applicants are waived the costs of conducting a comparative<br />
trial. However, as the costs of procuring these reports were<br />
not passed on to the applicants, there is some cross<br />
subsidisation by other applications.<br />
The PBR office will not be responsible for obtaining<br />
overseas DUS test reports on behalf of applicants. It will be<br />
the sole responsibility of the applicants or their agents to<br />
obtain these reports. Where applicants already have reports<br />
they are advised to submit a certified true copy of the report<br />
with the application.<br />
Agents seeking test reports are advised to contact their<br />
principal and procure DUS test reports directly from them.<br />
Certified true copies of DUS test reports in English will be<br />
accepted by the PBR office. Some test reports in other<br />
languages that closely follow UPOV Technical Guidelines<br />
may be accepted.<br />
If you face difficulty in obtaining test reports directly from<br />
any overseas testing authorities then we can make a official<br />
request on behalf of you, however, please note that the<br />
applicant or the agent will be financially responsible for the<br />
report and under no circumstances the PBR office will bear<br />
any cost. Please contact the PBR office if you have any<br />
difficulties in obtaining overseas test reports.<br />
Descriptions from the Voluntary<br />
Cereal Registration Scheme<br />
The Plant Varieties Journal now includes descriptions of<br />
cultivars registered under the Voluntary Cereal Registration<br />
Scheme. Please note that the publication of these<br />
descriptions in the Plant Varieties Journal does not qualify<br />
the cultivars to be protected under Plant Breeder’s Rights<br />
(PBR). PBR is an entirely different scheme and there are<br />
certain requirements under the Plant Breeder’s Rights Act<br />
1994 which must be satisfied to be eligible for registration<br />
under PBR. However, it is possible that some cultivars<br />
published under the voluntary scheme are also registered<br />
under PBR. When a cultivar is registered under both<br />
schemes, the current PBR status of the cultivar is indicated<br />
in the descriptions. For information on registering a new<br />
cereal cultivar under the voluntary scheme please refer to<br />
the ‘Cereal Registration Scheme’ section at the back of this<br />
issue. Please note there is no descriptions from the<br />
Voluntary Cereal Registration Scheme in this issue.<br />
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