Commonwealth Consolidated Acts

PLANT BREEDER'S RIGHTS ACT 1994 - SECT 26

  (1)   An application for PBR in a plant variety must be in the approved form.

  (1A)   Without limiting subsection   (1), the approved form must require the inclusion of an address in Australia or New Zealand for service, being an address that is in accordance with the requirements of the approved form.

Note:   After the time specified in regulations made for the purposes of subsection   3(2), the address may be an electronic address: see subsections   3(2), (5) and (6).

  (2)   The application must contain:

  (a)   the name and address of the applicant; and

  (b)   if the applicant is using an agent to make the application on the applicant's behalf--the name and address of the agent; and

  (c)   if the applicant is the breeder of the variety--a statement of that effect; and

  (d)   if the applicant is not the breeder of the variety--the name and address of the breeder and particulars of the assignment, or transmission by will or by operation of law, of the right to make the application; and

  (e)   a brief description, or a brief description and photograph, of a plant of the variety sufficient to establish a prima facie case that the variety is distinct from other varieties of common knowledge; and

  (f)   the name of the variety, having regard to the requirements of section   27, and any proposed synonym for that name; and

  (g)   the name of the location at which the variety was bred; and

  (ga)   the name of each variety (the parent variety ) used in the breeding program including, in respect of each parent variety:

  (i)   particulars of the names (including synonyms) by which the parent variety is known or sold in Australia; and

  (ii)   particulars of any PBR granted in Australia or in any other contracting party; and

  (gb)   a brief description of the manner in which the variety was bred; and

  (h)   particulars of any application for, or grant of, rights of any kind in the variety in any other country; and

  (i)   the name of an approved person who:

  (i)   will verify the particulars in the application; and

  (ii)   will supervise any test growing or further test growing of the variety required under section   37; and

  (iii)   will verify a detailed description of the variety when such a description is supplied to the Registrar;

  (j)   such other particulars (if any) as are required by the approved form.

Note:   The information given under paragraph   (ga) is not available to the public under section   36.

  (4)   An applicant must, before, or at the time of, lodging an application under this section, pay to the Commonwealth such application fee (if any) as is prescribed.