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

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
• Closed 5 December 2022

Comments

This item has been closed as there is already a fee associated with the request for revocation which includes the decision made by the PBR Office on test growing.