At a glance
Policy ID: 131
Status: Completed
Priority: No priority assigned
Issue summary
Section 35(2A) of the PBR Act doesn't include a provision to reimburse the initial objection fee (currently $100) where the objection is upheld (i.e. the objector was correct that the application was not registrable). Enabling recovery of the objection fee is consistent with s.37(5)(b) and (c) which indicates that costs (associated with test growing) should be recovered from the party who hasn't proven their case in an objection/request for revocation.
Failure to refund doesn't support the general underlying policy intent of ‘loser pays’, nor encouraging of successful 'objectors' to bring forward information. The former Plant Breeder’s Rights Advisory Committee recommended amending to provide for refunds for objection fees where an objection is upheld.
History
- On hold 24 June 2021
- Completed 5 December 2022
Comments
This issue has been addressed by amendments to the refund power under the PBR Regulations.