Plant Variety Journal - IP Australia

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Plant Varieties Journal Vol. 23 Number 4 Objections and revocations Objections to Applications and Requests for Revocation of a Grant or of a Declaration that a Plant Variety is Essentially Derived from Another Plant Variety The Plant Breeder’s Rights scheme is administered consistent with the model law of the International Convention for the Protection of New Plant Varieties 1991 (UPOV 91), that is, applicants are entitled to protection, in the absence of proof to the contrary. The Plant Breeder’s Rights Office (PBRO) is not required to advocate for the views, assertions, and opinions of persons challenging an application for plant breeder’s rights. Those objecting to applications, requesting revocation of a grant, or seeking a declaration that a plant variety is essentially derived from another plant variety should provide sufficient probative evidence to enable the Secretary to be satisfied of their validity of their claims. It cannot be stressed too strongly that all available evidence ought to accompany the application for objection/revocation/declaration at the outset. Occasionally the PBRO receives comments on applications. The PBRO seeks to give effect to the processes set out in the PBR Act. The Act provides for a formal objection process, and comments are not formal objections. Where members of the public genuinely believe their commercial interests would be affected and that PBR for a proposed variety ought not to be granted, they are encouraged to use the Act's processes, eg. lodging an objection. Comments are simply informal information from the public to a governmental decision maker. The PBRO will generally not engage in further communication with the commentator regarding their comment, although the comment may be valuable in alerting the PBRO to an important matter of which it was previously unaware. Objections to Applications A person may make objections to applications for PBR if (i) their commercial interests would be affected adversely, and (ii) the application will not fulfil all the conditions required by the Plant Breeder’s Rights Act. Objections to applications must be lodged with the Registrar no later than six months after the date the description of the variety is published in this journal. The objector must provide evidence of adverse affect on their commercial interests and that the application should not be granted. The Registrar of the Plant Breeder’s Rights Office (PBRO) is required to give a copy of the objection to the applicant. The objection is also available to the general public on request. The applicant has the opportunity to respond to the evidence presented. The Registrar then decides whether or not the objection will be upheld and, subsequently, whether the application will be granted. The PBRO is under no obligation to enter into further dialogue regarding an objection or to communicate reasons why an objection is not upheld. If an objection is upheld it will be notified in this journal. Page 4 of 322
Plant Varieties Journal Vol. 23 Number 4 A payment of $100 is required on lodgement of the objection. Additional costs of $75 per hour for work undertaken in relation to the objection will be billed to the objector. Requests for Revocation, (where an individual’s interests are affected) of: · a Grant · a Declaration that a Plant Variety is Essentially Derived A person may, when their interests are affected adversely, apply for the revocation of: · a grant of PBR; or · a declaration that a plant variety is essentially derived from another plant variety. The person requesting revocation is required to lodge a revocation payment fee of $500. The person seeking revocation of a grant or declaration that a plant variety is essentially derived from another plant, must provide conclusive evidence of adverse affect on their interests and that the grant should be revoked. The PBRO also accepts information regarding revocation of grants and declarations of essentially derived plant varieties. Such information must demonstrate conclusively that a grant or declaration should not have been made. All written information will be acknowledged. The PBRO is under no obligation to enter into further communication regarding information provided. Page 5 of 322
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Plant Variety Journal - IP Australia

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