FOR IP PROFESSIONALS

Dealing with oppositions

Any person may lodge a written objection to the grant of PBR (on an application that has been accepted) if they consider that their commercial interests would be affected by the grant of that PBR to the applicant and that the applicant has not submitted a correct and complete application.

Written objections must be lodged with the secretary within six months of the publication of the public notice.

An objection must describe the manner in which the objector's commercial interests would be affected and the reasons why they consider that the PBR application was not correct and complete.

An objection is of no effect unless it is accompanied by the prescribed fee.

The registrar must give a copy of the objection to the applicant.

For full details, please refer to the Plant Breeder's Rights Act 1994.

Minimise the possibility of oppositions

Every effort should be made in preparing an application for PBR to minimise the possibility of objection. Once triggered, objections may take a long time to resolve. They are often centred on ownership disputes.

Distinctness from existing varieties that is not clearly established may also attract opposition. It is essential that a detailed description of the new variety is as complete as possible and clearly establishes differences between the new variety and the most similar existing varieties.

Last Updated: 06/3/2014

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