IPA pbr 10.2.2-change-of-applicant — IP Australia Plant Breeder's Rights Manual – 9.2.2 Change of Applicant

Also in this Chapter: 9.2.1 Change of Agent Key Legislation Plant Breeder's Rights Act 1994 : s20 PBR is personal property s21 Registrar must be notified of an assignment of PBR s31 Requests for variation of application Related Chapters: 9.1 Assignment of Rights 9.2.1 Change of Agent 11.4.16 Variations On this Page Changes to the applicant Changes to applicant details Changes to the applicant If the right of an applicant to apply for PBR in a plant variety is assigned or transmitted to another person, that person may submit a written request to the Registrar to vary the application so that they are the new applicant ( s31(1) ). Requests to vary the applicant of an application for PBR in this manner must be submitted within the following time limits ( s31(5) ): a) after the application for PBR has been accepted, but b) before concluding examination of the application and the conclusion of any objection to the application. Instructions for IP Australia staff processing variations to the applicant can be viewed at 11.4.16 Variations . If examination of the application and/or any objection to the application has concluded, affected parties should review the guidance outlined in 9.1 Assignment of Rights and the legislative considerations set forth at s20 and s21 of the Plant Breeder's Rights Act 1994. Changes to applicant details A variation to an applicant's address details may be requested at any time and there is no charge. The street and/or postal address of the applicant or co-applicant may require changing. Examiners should follow the process outlined at 11.4.16 Variations - Processing changes to applicant address details to process such changes. Please note that changes to an agent's details are covered under 9.2.1 Change of Agent , with the procedures for processing such changes outlined under 11.4.16 Variations - Processing variations to an agent . Changes to the ownership of a plant breeder's right (assignment of rights) are covered under 9.1 Assignment of Rights with the corresponding procedures detailed under 11.4.16 Variations - Processing an assignment .