What is an objection?
An objection is used to formally challenge the registration of a PBR. It can be made by anyone who considers that:
- Their commercial interests would be adversely affected by the grant of that PBR, and
- The application doesn't fulfil the conditions required by the Plant Breeder's Rights Act 1994.
Any objections made must provide clear evidence as to why the application shouldn't be granted.
When could someone object to my application?
An objection can be lodged at any time:
- After the part 1 application has been accepted, and the variety is under provisional protection
- Until the end of the six-month public notice period, during part 2 of the application.
What are common reasons?
Reasons for an objection can include:
- Your variety isn't distinct enough from existing similar varieties
- Your variety isn't novel
- Ownership isn't clear.
What happens if someone objects to your application?
If we receive an objection to your application, we'll send a copy to you. You'll then be provided with the opportunity to respond.
The PBR Registrar decides what action needs to be taken to address the objection. This could include a second growing trial or collection of other evidence.
Depending on the accuracy of the objection and the balance of evidence, the Registrar decides whether or not the objection will be upheld or if the application can be granted. This process can be quite lengthy.