IPA pbr 10.1-assignment-of-rights — IP Australia Plant Breeder's Rights Manual – 9.1 Assignment of Rights

Also in this Chapter: 9.2 Changes to Contact Details 9.3 Variety Name Change 9.4 Prescribed Fees Key Legislation Plant Breeder's Rights Act 1994 : s20 PBR is personal property s21 Registrar must be notified of an assignment of PBR s50 Revocation of PBR Related Chapters: 5.7 Revocation of PBR 11.4.16 Variations An assignment of a plant breeder’s right under Section 20 refers to the process by which ownership of a registered PBR, or a PBR whose registration is being sought, may be passed from one person to another. Such assignment includes transmission by will or by operation of law such as a court order. An assignment of PBR, other than assignment as a result of a court order, does not have effect unless the assignment is delivered in writing. The written assignment must also be signed by, or on behalf of, the assignor and assignee. The Registrar must be satisfied that ownership has been assigned or transmitted by Deed of Assignment, Contract of Sale, transfer or a simple letter of assignment. Section 21 requires that the Registrar be advised within 30 days of any change of PBR ownership. This is to ensure that assignments and transmissions of title that have been affected in the marketplace are entered in the Plant Breeder’s Rights records at the earliest opportunity. Failure to comply with the requirement to notify the Registrar under s21 is grounds for revocation of a granted PBR under s50 . Further information is presented at 5.7 Revocation of PBR . If the notification of assignment to the Registrar complies with the formal requirements and is supported by the relevant documentation which establishes title to the plant breeder’s right, the Registrar must record the change of ownership. Guidance for IP Australia staff processing assignments of rights can be viewed at 11.4.16 Variations .