Plant Variety Rights. Protecting new plant varieties.
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Maintaining a Plant Variety Right

It is your responsibility as a variety Rights applicant or Rights holder to protect and maintain your interests in any protected variety.

All requests can be submitted online through our Maintain a PVR for

The above services can be accessed from your inbox.
 

Renew a PVR

The Plant Variety Rights are issued for a term of 20 or 23 years (see Terms of a Plant Variety Right), but a grant will only remain in force as long as you pay the annual grant fee.

The renewal notice is sent to you online one month before the anniversary date.

You then have a further one month after the anniversary date to make payment and renew your PVR before a proposal to cancel letter is sent. Following the proposal to cancel you have 28 days to renew or surrender your PVR before the Right is cancelled. Renew a PVR through our online renewal service.

Read more about how to renew a PVR.

Watch out for Unsolicited IP services asking you to pay money. Read more...
 

Change ownership

Where ownership of a protected variety changes, the owner/applicant must notify and provide adequate documentary evidence to the Commissioner to register ownership (title) of that right.

You can notify and provide documentation of the change of ownership of a PVR online.

Read more about how to change ownership

 

Change name of agent or address

You can file a notice of the following changes online with the Commissioner. These changes will be recorded against client’s details level not at the IP level.

  • Address for service,
  • Business or residential address,
  • Communication address,
  • Name on the PVR register.

Read more about how to change an address and/or name.

 

Change authorised agent

The agent/case contact is the equivalent of an address for service as stated in the Plant Varieties Act 1987, changing the agent field will also change the details for the application/designation contact.

You can notify and provide an authorisation of agent for your professional representative (agent) to be assigned to, or change for, a PVR.

Read more about how to change an agent.

 

Adding information to the PVR application

You can provide the following additional information about your variety.

Propose Denomination          Propose a denomination for your variety.

Upload Additional Document(s) such as:


Agent authority

The authorisation of agent document or other document that states that a variety owner assigns authority to an agent for that variety.

Availability of plant material

Growing trial information that advises location and establishment of a requested growing trial. Notification of supply of plant material to the required test site. Information regarding the inability to supply requested varieties.

Evidence of ownership

Documentary evidence to establish that the owner/applicant is indeed the variety owner where the owner is the successor-in-title of the breeder or there has been a change of ownership.

Germination certificate

The certificate from a seed laboratory

Importation notice

Notification that requested plant material required for testing has been imported or notification of any issues or delays with respect to quarantine matters

Priority document

Certified true copy of an application in the country/authority where priority may apply

PVR Photo

Photographs obtained from the growing or other trial

Trial Evaluation/Notifications

Notification that plants in a growing trial are suitable for DUS evaluation or at a specific growth stage requested by the office. Information regarding trial problems e.g. poor growth, natural events, management errors.


Read more about how to add the information to the PVR application.

  

Withdrawal of Variety under application

Withdrawal of a variety from application is voluntary and at the discretion of the variety owner.

A variety which has been withdrawn may still be eligible for Plant Variety Rights if a reapplication is made.

You can make an online withdrawal of your application.

Read more about how to withdraw a PVR application.

 

Surrender of Granted Plant Variety Right

Surrender of a granted variety is voluntary and at the discretion of the variety owner.

The surrender of a variety should not be confused with a cancellation of a variety. A Surrender is a voluntary action by the variety owner where a cancellation is an official action by PVRO in response to a breach of the PVR Act 1987.

You can make an online surrender of your granted plant variety right.

Read more about how to surrender your granted right.

 

Propose new denomination for a granted variety

A new denomination can be proposed after grant and the standard recommendations with respect to an acceptable denomination will be applied as followed for a proposed denomination at application. In addition to the application of the standard recommendations, the Commissioner will have to be clear with respect to the owner’s intention for the proposed change. To assist this process, a substantive reason for the change will need to be provided by the variety owner. The decision of whether or not to accept or decline the change is that of PVRO.

You can propose a new denomination of your granted plant variety right online.

Read more about how to propose new denomination for a granted variety.

Last updated 7 November 2013