IPA pbr 5.4.1-objections — IP Australia Plant Breeder's Rights Manual – 5.4.1 Objections

Related Chapters: 3.2 PBR Objections Process 11.4.11 Objections and Revocation requests Key Legislation Plant Breeder's Rights Act 1994 : s35 Objection to application for PBR s59 Delegation Plant Breeder's Rights Regulations 1994 : Schedule 1, Item 7 Fees On this Page Difference between public comments and objections Objections to applications Difference between public comments and objections The Plant Breeder’s Rights scheme is administered consistent with the Plant Breeder’s Rights Act 1994 . That is, applicants are entitled to protection, provided the Registrar is satisfied that all the relevant criteria are met. The civil burden of proof is applied (i.e. ‘balance of probabilities’). Occasionally the PBR Office receives public comments on applications. The Act provides for a formal objection process and comments, whether written or verbal, are not considered as formal objections. Where members of the public genuinely believe their commercial interests would be affected and that PBR for a proposed variety ought not to be granted, they are encouraged to use the Act's formal processes, e.g. lodging an objection. Comments are simply informal information from the public to a governmental decision maker. The PBR Office will generally not engage in further communication with the commentator regarding their comment, although the comment may be valuable in alerting the PBR Office to an important matter of which it was previously unaware. No delegations are necessary in relation to receiving a comment. Objections to applications A person may make objections to applications for PBR if: i. their commercial interests would be affected adversely, and ii. the application will not fulfil all the conditions required by the Plant Breeder’s Rights Act . Objections to applications must be lodged with the Registrar no later than six months after the date the description of the variety is published in the Plant Varieties Journal (PVJ). The objector must provide evidence of adverse affect on their commercial interests and reasons why the application cannot meet the provisions of the Act and be granted. An overview of the process initiated when the PBR Office receives an objection can be viewed at 3.2 PBR Objections Process . Guidance for internal staff to follow when processing objections can be viewed at 11.4.11 Objections and Revocation Requests . The delegate is required to give a copy of the objection to the applicant. The objection is also available to the general public on request. The applicant has the opportunity to respond to the evidence presented. Where necessary, additional information may be sought from either party or third parties. The delegate considers the objection when deciding whether to grant the application. The PBR Office is under no statutory obligation to enter into further dialogue regarding an objection or to communicate why reasoning set forth in an objection is not agreed with. In practice, both the objector and the applicant are notified of the outcome of the objection, and the unsuccessful party provided with brief reasons for the decision. The fee for lodging an objection is set by Item 7 of Schedule 1 of the Plant Breeder's Rights Regulations 1994. Appeal of a decision following an objection can be made to the Administrative Review Tribunal (ART) within 28 days of the decision to grant PBR, or refuse to grant PBR, being issued. The PBR Instrument of Delegations , as defined by section 59 of the PBR Act, specifies which individuals have authority to grant a PBR application.