Meaning of different PBR status
Meaning of different PBR status
Rejected:
The application does not meet the requirements of section 30(2) of the Plant Breeder’s
Rights Act, 1994 and has been rejected under section 30(3). The variety is not protected under PBR.
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Withdrawn:
The variety has been withdrawn under sections 33 or 34 of the Plant Breeder's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 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 under the Act the penalty for an infringement
is 500 penalty units. A “penalty unit� is defined under the Crimes Act, 1914 and is indexed.
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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