PBR Act Section 37(5) – Costs associated with a decision to have a test growing

At a glance

Policy ID: 132

Status: On hold

Priority: Low

Plant breeders rights

Issue summary

Section 35 of the PBR Act provides the PBR Registrar with the power to decide that there should be a test growing of a plant variety. Section 35(5) provides that all of the costs associated with a test growing must be paid.

Currently there is no fee charged if the PBR Registrar decides there should be a test growing. However, the decision making process results in time and expenses incurred by IP Australia. The former Plant Breeder’s Rights Advisory Committee (PBRAC) suggested that there should be a fee associated with a decision to have a test growing.

History

  • On hold 24 June 2021

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