Plant Variety Journal - IP Australia

Plant Varieties Journal Vol. 23 Number 4
• 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 rests with the PBR office.
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