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Breeders Rights Distinctness,
Uniformity and Stability, DUS Requirements
Provisional protection
Provisional protection under Section 39 of the Act protects varieties during the period between the application being accepted and the final granting of rights. It means that if rights are eventually granted, the grantee can then take action retrospectively on infringements made in the intervening period.
Provisional protection is granted for the first twelve months if there are legitimate grounds for doing so. The Registrar may be prepared to extend provisional protection to allow an applicant time to supply additional information etc. Requests for extensions of provisional protection should be made within twelve months of acceptance on the appropriate form available from the office, setting out:
progress which has been made toward finalisation of the application;
- reason(s) for requesting the extension;
- the length of the extension which is being sought (maximum twelve months); and
- whether or not the variety has been commercialised.
For varieties lodged prior to November 1994 and now commercialised, the examination fee must be paid before a request for an extension can be considered.
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