54. Volume 12- Number 4 - IP Australia

PLANT VARIETIES JOURNAL 1999 VOL 12 NO. 4
Name of Form Form Number Last Updated
Application for Plant Breeders Rights Form P1 September 1998
Part 1 – General Information
Guidelines for Completing Part1 Part1ins September1998
Application Form
Application for Plant Breeders Rights Form P2 May 1999
Part 2 – Description of New Variety
Nomination of a Qualified Person Form QP 1 April 1999
Certification by a Qualified Person Form QP 2 April 1999
Proposed Variety Names Form DEN1 December 1995
Extension of Provisional Protection Form EXT2 December 1999
Exemption of a Taxon from Farm saved seed Form ET1 September 1998
Status of Application Form STAT 1 November 1995
ACRA Herbarium Specimen Form Herb 1 October 1997
Overseas Testing/Data
The PBR Act allows DUS data produced in other countries
(overseas data) be used in lieu of conducting a comparative
trial in Australia provided certain conditions relating to the
filing of applications, sufficiency of the data and the
likelihood that the candidate variety will express the
distinctive characteristic(s) in the same way when grown
locally. Briefly the overseas data could be considered
where:
• The first PBR application relating to the candidate
variety has been lodged overseas, and
• the variety has previously been test grown in a UPOV
member country using official UPOV test guidelines
and test procedures, (ie. equivalent to a comparative trial
in Australia) and
• either, all the most similar varieties of common
knowledge (including those in Australia) have been
included in the overseas DUS trial, or
• the new overseas variety is so clearly distinct from all
the Australian varieties of common knowledge that
further DUS test growing is not warranted, and
• sufficient data and descriptive information is available
to publish a description of the variety in an accepted
format in Plant Varieties Journal; and to satisfy the
requirements of the PBR Act.
The Qualified Person, in consultation with the
agent/applicant, and perhaps other specialists and
taxonomists, will need to evaluate the overseas data, test
report and photographs to see if the application does fulfil
all PBR Office requirements, and then advise the
agent/applicant:
• either, to submit Part 2 incorporating a description for
publication, any additional data and photographs and to
pay the examination fee;
• or, to conduct a DUS trial in Australia, recommending to
the applicant/agent which additional varieties of
common knowledge to include;
• or, submit Part 2 including additional data (information
about similar varieties in Australia to show that they are
clearly distinct from the candidate variety that a further
DUS test growing including the similar varieties is not
warranted and that the variety displays the distinctive
characteristics when grown in Australia)
Please note that the PBR office does not obtain overseas
DUS test reports on behalf of applicants. It is the sole
responsibility of the applicants to obtain these reports
directly from the relevant overseas testing authorities.
Where applicants already have the report they are advised to
submit a certified true copy of the report with the Part 1
application. Applicants, or those duly authorised, may
certify the copy.
If you do not have the test report available at the time of
Part-1 application then you are advised to submit the Part-1
application without the test report. However, you should
make arrangements to procure the DUS test report directly
from the relevant testing authority. When the report
becomes available, a certified copy should be supplied to
the QP and the PBR office.
When the trial is based on an UPOV technical guideline and
test report in an official UPOV language (English, German
or French), it can be lodged in support of the application. In
other cases the test reports must be in English.
The applicant/agent and Qualified Person should use the
overseas test report to complete Part 2 of the application,
making a decision on how to proceed in view of the
completeness of the information, the comparators (if any)
used in the overseas DUS trial and their knowledge of
similar Australian varieties that may not have been included
in the overseas test report.
If a description is based on an overseas test report,
Australian PBR will not be granted until after the decision
to grant PBR in the country producing the DUS test is
made. The final decision on the acceptability of overseas
data rest with the PBR office.
6