Australia

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