Plant Variety Journal - IP Australia

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Plant Varieties Journal Vol. 23 Number 4 Plant Breeders Rights Part 3 Appendices ● ● ● ● ● ● ● ● ● The appendices to Plant Varieties Journal (Vol. 23 Issue 4) are listed below: Home Appendix 1 - Fees Appendix 2 - Plant Breeder's Rights Advisory Committee Appendix 3 - Index of Accredited Consultant 'Qualified Persons' Appendix 4 - Index of Accredited Non-Consultant 'Qualified Persons' Appendix 5 - Addresses of UPOV and Member States Appendix 6 - Centralised Testing Centres Appendix 7 - List of Plant Classes for Denomination Purposes Appendix 8 - Register of Plant Varieties Page 284 of 322
Plant Varieties Journal Vol. 23 Number 4 APPENDIX 1 FEES Two fee structures exist as a result of the transition from Plant Variety Rights to Plant Breeders Rights. For new applications (those lodged on or after 11 November 1994) the PBR fees apply. For older applications lodged before 11 November 1994 and not finally disposed of (Granted, Withdrawn, Refused etc.) the PVR fees in force at the time apply. The Treasurer has determined that all statutory fees under PBR regulations will be exempted from GST. Payment of Fees All cheques for fees should be made payable and sent to: Collector of Public Monies C/-Plant Breeders Rights Office, IP Australia GPO Box 200 Woden, ACT 2606 The application fee ($300) must accompany the application at the time of lodgement. Consequences of not paying fees when due Application fee Should an application not be accompanied by the prescribed application fee the application will be deemed to be ‘non-valid’ and neither assigned an application number nor examined for acceptance pending the payment of the fee. Examination fee Non-payment of the examination fee of an application will automatically result, at the end of 12 months from the date of acceptance 1 , in a refusal of the application. The consequences of refusal are the same as for applications deemed to be inactive (see ‘inactive applications’ below). Consideration of a request for an extension of the period of provisional protection from the initial 12- month period may require the prior payment of the examination fee. Certificate fee Following the successful completion of the examination, including the public notice period, the applicant will be required and invoiced to pay the certification fee. Payment of the certification fee is a prerequisite to granting PBR and issuing the official certificate by the PBR office. Failure to pay the fee may result in a refusal to grant PBR. Annual fee Should an annual renewal fee not be paid within 30 days after the due date, the grant of PBR will be revoked under Section 50 of the PBR Act. To assist grantees, the PBR office will invoice grantees or their Australian agents for renewal fees. Inactive applications An application will be deemed inactive if, after 24 months of provisional protection (or 12 months in the case of non-payment 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 1 The time limit to pay examination fees on imported varieties can be deferred for a maximum of 12 months after the variety has been released from quarantine. Contact the PBR Office for further details. Page 285 of 322
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Plant Variety Journal - IP Australia

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