The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (IP Amendment Act) moved a number of filing and fee paying requirements in the Plant Breeder’s Rights Act to non-legislative instruments, the contents of which are determined by the Registrar. These instruments will commence on 24 February 2019, at the same as the corresponding parts of the IP Amendment Act (Parts 3 and 14 of Schedule 2). Moving these requirements to instruments provides flexibility to adopt more efficient processes as they become available.
IP Australia has published these instruments in the Plant Varieties Journal in preparation for commencement. They set out the requirements in relation to:
- the means of paying fees:
- the means and form of lodging and giving documents to the Registrar, in accordance with Part 3 of Schedule 2:
- the approved forms for PBR, in accordance with Part 14 of Schedule 2: