53. Volume 13- Number 1 - IP Australia

PLANT VARIETIES JOURNAL 2000 VOL 13 NO. 1
Inactive applications
An application will be deemed inactive if, after 24 months
of provisional protection (or 12 months in the case of nonpayment
of the examination fee) the PBR Office has not
received a completed application or has not been advised to
proceed with the examination or an extension of provisional
protection has not been requested or not granted or a
certificate fee has not been paid. Inactive applications will
be examined and, should they not fully comply with Section
44 of the PBR Act 1994, they will be refused. As a result
provisional protection will lapse, priority claims on that
variety will be lost and should the variety have been sold, it
will be ineligible for plant breeders rights on reapplication.
Continued use of labels or any other means to falsely imply
that a variety is protected after the application has been
refused is an offence under Section 75 of the Act.
FEES
Basic Fees
Schedule
A B C D
$
Application 300 300 400 300
Examination – per application 1400 1200 1400 800
Certificate 300 300 250 300
Total Basic Fees 2000 1800 2050 1400
Annual Renewal – all applications 300
Schedule
A Single applications and applications based on an official overseas test reports.
B Applicable when two or more Part 2 Applications are lodged simultaneously and the varieties are of the same
genus and the examinations can be completed at one location at the same time.
C Applications lodged under PVR (prior to 10th Nov 1994)
D Applicable to 5 or more applications examined at an Accredited Centralised Testing Centre
Other Fees
Variation to application(s) – per hour or part thereof 75
Change of Assignment – per application 100
Copy of an application (Part 1 and/or Part 2) , an objection
or a detailed description 50
Copy of an entry in the Register 50
Lodging an objection 100
Annual subscription to Plant Varieties Journal 40
Back issues of Plant Varieties Journal 14
Administration – Other work relevant to PBR
– per hour or part thereof 75
Application for declaration of essential derivation 800
Application for
(a) revocation of a PBR 500
(b) revocation of a declaration of essential derivation 500
Compulsory licence 500
Request under subsection 19(11) for exemption from
public access – varieties with no direct use as a consumer
92