IPA pbr 4.2.3-breeder — IP Australia Plant Breeder's Rights Manual – 4.2.3 Breeder

Also in this Chapter: 4.2.1 Applicant 4.2.2 Agent 4.2.4 Qualified Person 4.2.5 Legal Persons Key Legislation Plant Breeder’s Rights Act 1994 : s3 Definitions s24 Right to apply for PBR s30 Acceptance or rejection of applications s44 Grant of PBR Related Chapters: 4.2.1 Applicant 4.2.5 Legal Persons A breeder of a plant variety is entitled to make an application for PBR in the variety ( s24 ). The breeder may be one or more person(s) or a commercial entity. Where the breeder is an employee or a member of an organisation and the breeding of the variety took place in the course of their duties or organisational membership, then the organisation is considered the breeder. The definition of breeder at s3 of the Act indicates that any person or body (whether incorporated or not) that has obtained entitlement from the person(s) who actually bred the variety (i.e. the original breeders) are also considered “breeders”. This means that non-legal persons are able to make an application for PBR if so entitled. Consequently, the inclusion of non-legal persons as applicant does not prevent acceptance of an application under s30 . However, PBR can only be granted to legal persons as a consequence of s44(1)(b)(iv) . See also 4.2.5 Legal Persons . Where the applicant for PBR (see 4.2.1 Applicant ) in a variety is not the original breeder of that variety, the applicant must provide particulars of the transfer of ownership in the Part 1 application form .