Plant Variety Journal - IP Australia

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.
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Plant Varieties Journal Vol. 21 No.3