Australia

PVP Office Contact Information

The Registrar
Plant Breeder's Rights
IP Australia
P.O. Box 200
Woden, A.C.T. 2606

Tel. (61-2) 6283 2999
E-mail: pbr@ipaustralia.gov.au
Website: https://www.ipaustralia.gov.au/plant-breeders-rights

Specific requirements in relation to UPOV PRISMA
Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

It is important to use the International Reference Number (IRN) as a reference when making a payment for an application submitted through PRISMA to ensure that the payment can be matched with the application.

Application data
Will I receive confirmation that my application data has been received successfully?

The following confirmation is sent in a Notice of Filing issued by IP Australia to the address for service in Australia or New Zealand, either to the email listed in the IP Australia Online Services account or via the post in instances where no email address is provided:

Your Part 1 Application – General Information for Plant Breeder’s Rights for the above variety was lodged with IP Australia on and currently has the status of ‘Received’. The proposed variety details have been taken from the Part 1 Application and will not be confirmed until thorough compliance checks have been conducted by the delegated PBR examiner.

What will happen next:

  • IP Australia will assess the application and if required, issue a report identifying any deficiencies that require rectification, amendments or points of clarification in order to allow for the assessment for eligibility for acceptance to be made. For applications submitted through UPOV PRISMA it is preferable for amendments to be made in UPOV PRISMA and the application data re-submitted. The date of the original submission will be retained as the filing date.< /li>

Things to be aware of:

  • Provisional protection will cover the variety only after it has the status of 'Accepted'.

Once ‘Accepted’, details of your application can be viewed using the Australian Plant Breeder's Rights Search, which can be found on the IP Australia website.

Plant Material
When applicable, where should I send the plant material?

Submission of plant material to IP Australia is not required. However, sufficient plant material of the variety must be made available to the nominated Qualified Person (QP) to enable them to supervise, certify and verify any DUS growing trials in Australia if required by IP Australia’s PBR Office (see www.ipaustralia.gov.au/plant-breeders-rights/applying-pbr/growing-trial ).

It is important to remember that a PBR cannot be granted unless the plant variety is in Australia (or in some cases in New Zealand) and is being maintained in a Genetic Resource Center (GRC). A GRC is a place suitable for storage and maintenance of germplasm material and may include a part of a nursery or plant breeding facility set aside for the purpose of maintaining stock plants.

Plant material coming into Australia is subject to strict biosecurity controls that can significantly delay release of plant material for use in growing trials. Consequently, it is strongly advisable to send plant material as soon as possible.

Payment
How and when do I pay the PVP application fee?

In addition to the UPOV PRISMA fee, an IP Australia application fee of $400 AUD must be paid at the time of filing through IP Australia’s Online Services.

First time users must register for an Online Services account via the log in link on IP Australia’s website: www.ipaustralia.gov.au/

Payment should be made via the “other” tab with reference to the variety name.

An overview of IP Australia’s application fees can be found here: www.ipaustralia.gov.au/plant-breeders-rights/timeframes-and-fees-application-part-1

Will I receive confirmation that the payment has been received?

A transaction receipt for the payment of your IP Australia application fee is provided through your Online Services account. You can also log into your account and see past transactions under history and lodgments.

It is important to note that PBR applications will not be processed until payment of the Australian application filling fee is confirmed.

Agent / Local Representative
Do I need an agent or local representative in the country, if I am not a resident?

All PBR applicants must provide an Australian or New Zealand address for the service of documents. Generally, an Australian or New Zealand agent is appointed by the applicant.

PBR applications will not be processed unless an Australian or New Zealand address for service is provided.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.
Filing Date
What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

The filing date is the date when IP Australia receives the PBR application.

The IP Australia application fee must be paid at the time of filing.

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission
For testing or plant material purposes, are there dates for the submission of applications?

Submission of plant material to IP Australia’s PBR Office is not required and applicants can submit their PBR applications at a time when it is suitable to them.

Additional requirements
Are there any additional requirements?

A Qualified Person (QP) is mandatory for all applications, they:

  • Supervise the growing trial
  • Verify the claims made
  • Certify the application

Overall, the role of the QP is to make sure that the growing trial is robust so that your variety can receive strong protection. Additionally, they can assist with and provide guidance throughout the PBR application process.

For further information about Qualified Persons see: www.ipaustralia.gov.au/plant-breeders-rights/role-of-a-qualified-person