IPA pbr 4.8-provisional-protection — IP Australia Plant Breeder's Rights Manual – 4.8 Provisional Protection

Also in this Chapter: 4.1 Scope and Nature of Plant Breeder's Rights 4.2 Roles in a PBR Application 4.3 Form an application must take 4.4 Variety Denomination 4.5 Prior Sales 4.6 Priority 4.7 Acceptance or Rejection of PBR Application Key Legislation Plant Breeder’s Rights Act 1994 : s39 Provisional protection Related Chapters 5.3.4 Ceasing of Provisional Protection 5.6 Grant or Refusal On this Page Overview Duration of provisional protection Rights conferred by provisional protection Overview Section 39 of the Plant Breeder’s Rights Act 1994 sets forth the circumstances wherein provisional protection is applicable. When provisional protection is in place for an application for PBR, the applicant is taken to be the grantee of the right for PBR for the purposes of Part 5 (Enforcement of plant breeder’s right) of the Act . Duration of provisional protection Provisional protection applies to an application for PBR from the date of its acceptance until: The application is granted or refused (see 5.6 Grant or Refusal ); or The Registrar issues a notice under s39(2) . Further information relating to circumstances where provisional protection may cease can be viewed at 5.3.4 Ceasing of Provisional Protection . Rights conferred by provisional protection While the applicant is taken to be the grantee of the right for PBR when their application for PBR is under provisional protection, the applicant is not entitled to begin an action or proceeding for the infringement of PBR until the application for PBR has been granted ( s39(6) ).