44. Volume 15- Number 2 - IP Australia

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PLANT VARIETIES JOURNAL 2002 VOL 15 NO. 2 Diascia hybrid Twinspur ‘Apricot Cherub’ Application No: 1995/181 Certificate Number: 934 Pseuderanthemum repandum Pseuderanthemum ‘Cabaret’ Application No: 1995/235 Certificate Number: 795 Rosa hybrid Rose ‘Auswhite’ syn Swan Application No: 1991/022 Certificate Number: 324 ‘Dicsingsong’ syn Patio Kaleidoscope Application No: 1997/213 Certificate Number: 1451 ‘Dictator’ syn Pure Bliss Application No: 1999/071 Certificate Number: 1737 ‘Macerupt’ syn Orana Gold Application No: 1989/134 Certificate Number: 102 ‘Sunwend’ syn Wendy Application No: 1992/176 Certificate Number: 440 Vicia faba Field Bean ‘Ascot VF’ Application No: 1995/295 Certificate Number: 1692 xTriticosecale Triticale ‘Heritage Zephyr’ Application No: 1998/050 Certificate Number: 1360 CORRIGENDA Freesia hybrid Freesia ‘Varayel’ syn Rapid Yellow Application No: 1997/075 Prunus domestica x Prunus armeniaca Prunus – Interspecific Plum ‘Flavorich’ A Application No: 1999/128 Certificate Number: 2026 Journal Reference: PVJ 14(3) page 54 Corrigenda: Prunus salicina x Prunus armeniaca should read as Prunus domestica x Prunus armeniaca. Rhododendron hybrid Azalea ‘Noel Archer’ ‘Princess Rosey’ Application No: 2001/112 and 2001/111 Journal Reference: PVJ 14(4) page 65 Corrigenda: The above varieties were listed under Rhododendron simsii, where in fact they should be listed under Rhododendron hybrid. Thuja occidentalis Thuja (White Cedar) ‘Futuristic’ Application No: 2001/303 Journal Reference: PVJ 14(4) page 83 Corrigenda: The applicant’s name was inadvertently published as Ronald Andrews, where as it should be Ronald Arthur Andrew. Trifolium subterraneum ssp. brachycalycinum Subterranean Clover ‘Nuba’ Application No: 1990/004 Certificate Number: 88 Journal Reference: PVJ 15(1) page 92 Corrigenda: Trifolium brachycalycinum should read as Trifolium subterraneum ssp. brachycalycinum. Journal Reference PVJ 14(3) page 30 Corrigenda: In the Characteristics section, the main colour the inner and outer side of all segments of throat which are yellow should be RHS 12A as observed locally in Devon Meadows, VIC in summer/autumn 2001. The RHS colour codes 9C and 10A mentioned in the above description were based on overseas test report from The Netherlands. 96
PLANT VARIETIES JOURNAL 2002 VOL 15 NO. 2 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 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. All cheques for fees should be made payable and sent to: Collector of Public Monies C/-Plant Breeders Rights Office GPO Box 858 Canberra, ACT 2601 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 ‘nonvalid’ 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, 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. 97
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44. Volume 15- Number 2 - IP Australia

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