53. Volume 13- Number 1 - IP Australia

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PLANT VARIETIES JOURNAL 2000 VOL 13 NO. 1 The Part 2 form has been updated in May 1999 to include the information on the “Confirmation of Submission of Propagating Material to a Genetic Resource Centre”. Previously this was a separate form to be filled in at the time of final granting of PBR. We now encourage that the information on Genetic Resource Centre is given at the time of the Part 2 submission to avoid any delay to process the application at the final granting stage. If you do not have the latest version of the form(s), please contact the PBR office. Alternatively, forms can be downloaded from the PBR web site at http://www.affa.gov.au/agfor/pbr/pbr.html 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 September 1998 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 March 2000 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. 6
PLANT VARIETIES JOURNAL 2000 VOL 13 NO. 1 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. Descriptions from the Voluntary Cereal Registration Scheme The Plant Varieties Journal now includes descriptions of cultivars registered under the Voluntary Cereal Registration Scheme. Please note that the publication of these descriptions in the Plant Varieties Journal does not qualify the cultivars to be protected under Plant Breeder’s Rights (PBR). PBR is an entirely different scheme and there are certain requirements under the Plant Breeder’s Rights Act 1994, which must be satisfied to be eligible for registration under PBR. However, it is possible that some cultivars published under the voluntary scheme are also registered under PBR. When a cultivar is registered under both schemes, the current PBR status of the cultivar is indicated in the descriptions. For information on registering a new cereal cultivar under the voluntary scheme please refer to the ‘Cereal Registration Scheme’ section at the back of this issue. Please note there is no descriptions from the Voluntary Cereal Registration Scheme in this issue. Part 2 – Public Notices Varieties Included in this Issue An index of common names to botanical names is published in Appendix 9 for cross references. Botanical Variety Page Name Name Number Acacia cognata ‘Limelight’ 11 Acmena smithii ‘Hot Flush’ 90 Actinidia chinensis ‘Hort16A’ 18 Agapanthus praecox subsp orientalis ‘Silver Sword’ 20 Agonis flexuosa ‘Forest Magic’ A 83 Alstroemeria hybrid ‘Amazon’ A syn Inca Spice A 83 ‘Cuba’ 11 ‘Delta’ A syn Inca Salsa A 83 ‘Inca Dream’ 11 ‘Jamaica’ 11 ‘Jive’ 11 ‘Miami’ A syn Carise Miami A 83 ‘Roma’ A syn Pink Roma A 83 ‘Soleil’ A 83 ‘Stanata’ syn Natasja 89 ‘Staprilan’ syn Angela 21 ‘Staprimar’ syn Margaret 22 ‘Stapripal’ syn Paola 23 ‘Stapripur’ syn Mira 90 ‘Stapristef’ syn Stefanie 24 ‘Staprivane’ syn Ivana 11 ‘Stapula’ 90 Angelonio angustifolia ‘Balangdeum’ 11 ‘Balanglav’ 11 ‘Balangpink’ 11 ‘Balangpurp’ 11 ‘Balangwhit’ 11 Anigozanthos hybrid ‘Sunglow’ A 83 Anisodontea capensis ‘African Prince’ 12 Arachis hypogaea ‘Conder’ A 83 ‘Roberts’ A 83 Argyranthemum frutescens ‘Summer Melody’ 25 ‘Summer Stars’ 26 Avena sativa ‘Targa’ 27 ‘Wandering’ 12, 28 Barleria cristata ‘Jetstreak’ 12 Boronia megastigma ‘Royale’ 90 Bougainvillea hybrid ‘Evita’ 12 ‘Solar Flare’ A 84 7
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53. Volume 13- Number 1 - IP Australia

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