IPA pbr 4.2.2-agent — IP Australia Plant Breeder's Rights Manual – 4.2.2 Agent

Also in this Chapter: 4.2.1 Applicant 4.2.3 Breeder 4.2.4 Qualified Person Key Legislation Plant Breeder’s Rights Act 1994 : s26 Form of application for PBR s72 Agents may act in matters relating to PBR s73 Service of documents Note: Section 26(3) of the Plant Breeder’s Rights Act was repealed on 24 February 2019 and defines requirements for applicants residing overseas. For applications filed before 24 February 2019, examiners should consider the provisions of Section 26(3) of the Plant Breeder’s Rights Act 1994. For applications filed on or after 24 February 2019, the provisions of s26(3) do not apply. However, Section 26(1A) of the Plant Breeder’s Rights Act stipulates that applicants must nominate an address for service of documents located within Australia or New Zealand. While an agent is not required, an applicant for PBR may nominate an agent to act on their behalf if they wish ( s72 ). Agents may be nominated through the Part 1 application form , or following Part 1 application through the Authorisation of Agent form . For an agent to be accepted, agents must be nominated through the Authorisation of Agent form . This may be submitted with the initial application. If an applicant wishes to change or add an agent later in the application process, they must complete and submit a new Authorisation of Agent form at that time. At all stages, this form must be signed by the applicant. Once nominated, an agent is authorised to prepare or lodge any written submission or document, or transact any business, on the applicant’s behalf. This includes lodging an application for PBR on the applicant’s behalf or submitting correspondence to withdraw or surrender the application. Agents acting on behalf of applicants must nominate an address for service of documents located within Australia or New Zealand ( s26(1A) & s73 ). There is no legislative requirement that the agent is located at the address provided for service, and the provided address may be a PO Box. Section 26(3) of the Plant Breeder’s Rights Act was repealed on 24 February 2019 and defined requirements for applicants residing overseas. However, the provisions of this section still apply to applications filed prior to 24 February 2019.