Meaning of different PBR status
Meaning of different PBR status

Accepted:

An application for PBR has been received, assessed as having met the provisional requirements of section 30 (2) of the Plant Breeder's Rights Act 1994 (the Act), and accepted. Varieties with the status of accepted are usually provisionally protected under PBR.Legal action cannot be taken against any infringement while the variety is under provisional protection, however retrospective legal action can be taken if the variety is granted "full" PBR. Propagators and sellers are alerted to the need for authorisation from the applicant before reproducing, selling, importing/exporting and conditioning as outlined in section 11 of the Act.

Refused:

The variety does not meet the requirements of section 30 (2) of the Plant Breeder's Rights Act 1994. The variety is not protected under PBR.

Withdrawn:

The variety has been withdrawn under sections 33 or 34 of the Plant Breeder's Rights Act 1994. The variety is no longer under provisional protection from the date of the withdrawal. In rare cases, and if the variety has not commercialised or only recently so, a second application may be made for the same variety. Consequently, before initiating any significant action, propagators and sellers are advised to check with the applicant to ensure that the variety is ineligible for PBR should a fresh application be lodged.

Granted:

The variety has been granted PBR under section 44 of the Plant Breeder's Rights Act 1994 (the Act). The variety is protected under full PBR. Propagators and sellers are alerted to the need for authorisation from the applicant before reproducing, selling, importing/exporting and conditioning as outlined in section 11 of the Act. Legal action can be taken against any infringement. Please note: infringement of a breeder's rights can attract an injunction, damages or an account of profits. In addition a criminal penalty of up to $55,000 for individuals (or five time greater for corporations i.e. up to $275,000) might be applied for the same offence.

Terminated:

The variety is either voluntarily surrendered under section 52 or revoked under section 50 of the Plant Breeder's Rights Act 1994. The variety is no longer under protection from the date of the termination.

Expired:

The maximum term of PBR has run out and the variety is no longer under protection from the date of expiry.

 

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