IPA pbr 6.3-request-to-rectify-the-register — IP Australia Plant Breeder's Rights Manual – 6.3 Request to Rectify the Register

Also in this Chapter: 6.1 PBR Search 6.2 Plant Varieties Journal Key Legislation Plant Breeder’s Rights Act 1994 : s21 Registrar must be notified of an assignment of PBR s61 Register of Plant Varieties s62A Registrar’s power to rectify Register s77 Applications for review On this Page Overview Form of Request to Rectify the Register Persons to be Heard Current Proceedings Pending Review of Decision Overview The Registrar is responsible for keeping a register, otherwise known as the Register of Plant Varieties ( s61 ). To foster public access to the information contained in the Register, the Registrar must also disseminate this information in the most likely manner to enhance its accessibility (e.g. on the Internet). The Registrar may rectify the Register if the Registrar is satisfied of any or all of the following, whether at the time of application or at any other time ( s62A ): An entry has been omitted from the Register; An entry has been made in the Register without sufficient cause; An entry wrongly exists in the Register; and/or There is an error or defect in an entry in the Register. There is no legislative restriction on who may submit an application to the Registrar with a request to rectify the Register, or when such applications may be made. The Registrar may seek further information from any person for the purposes of considering a request to rectify the Register and is not required to consider the application itself while seeking this further information. Anyone seeking to submit a request to rectify the Register should therefore consider that such requests may result in delays to the progression of their application. Form of Request to Rectify the Register Requests to rectify the Register must be made via lodgement of a completed Application to Rectify the PBR Register form . This includes a name and address to be provided by the person making the application to rectify the Register (the applicant) and any agent acting on their behalf. Applicants may nominate an address for service of documents in Australia or New Zealand, which can be a PO box. The completed form should include details of PBR certificate number(s) and the variety name relating to the request to rectify the Register. The applicant and/or agent should also provide the details of the requested amendment to the Register. Persons to be Heard The Registrar must not rectify the Register in relation to PBR in a plant variety without first giving certain parties as set forth in the Act ( s62A(4) ) a reasonable opportunity to be heard. These parties include: The person making the application to rectify the Register; The grantee of the PBR as recorded in the Register; and Any other person the Registrar considers appropriate. Current Proceedings Pending The Registrar must not rectify the Register in relation to PBR in a plant variety if proceedings are pending in relation to the PBR. These may include proceedings in a court or in the Administrative Review Tribunal (ART) relating to a decision under s21 to amend, or refuse to amend, the Register in relation to the PBR. The applicant and/or agent must provide details of any current proceedings in relation to the PBR in the Application to Rectify the PBR Register form . Review of Decision Any decision taken by the Registrar to rectify, or refuse to rectify, the Register is reviewable by the Administrative Review Tribunal (ART) under s77 .