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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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