Refunds and waivers
Refunds and waivers are only available in limited circumstances.
We will consistently apply the same rules for refunds and waivers to all of our customers in accordance with our corporate guidelines for refunds and waivers.
Non-payment of fees
If an application is not accompanied by the application fee, the application will be deemed to be 'non-valid'. It will be examined for acceptance until the fee is paid.
If an examination fee is not paid at the end of 12 months from the date of acceptance, the application will be refused. The consequences of refusal are the same as for applications deemed to be inactive.
Requests for an extension of the provisional protection period may require payment of the examination fee.
Failure to pay the certificate fee may result in a refusal to grant PBR or issue a certificate.
If annual renewal fees are not paid within 30 days after the due date, the PBR will be revoked under section 50 of the Plant Breeder's Rights Act 1994.
An application will be deemed inactive if, after 24 months of provisional protection (or 12 months in the case of non-payment of the examination fee):
- we have not received a completed application
- we have has not been advised to proceed with the examination
- an extension of provisional protection has not been requested or not granted
- a certificate fee has not been paid
Inactive applications will be examined and if they don't fully comply with section 44 of the Act, they will be refused. Provisional protection will then lapse, priority claims on that variety will be lost, and if the variety has been sold it will be ineligible for PBR 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.
Last Updated: 07/1/2013