3BAEssential derivation for non‑PBR protected varieties—publication of notification of application in Journal

3BA Essential derivation for non‑PBR protected varieties—publication of notification of application in Journal

For the purposes of subsection 41B(1) of the Act, a notification in the Plant Varieties Journal of an application under section 41A of the Act for a declaration of essential derivation must include the following information about the applicant and the application: (a) a description of the initial variety and the second variety; (b) details, as stated in the application, of: (i) the eligible person (within the meaning of section 41A of the Act) making the application; and (ii) any person (or persons) the applicant reasonably believes to be the breeder of the second variety; (c) any other information about those plant varieties, or the application, that the Registrar considers appropriate to publish, other than information that the Registrar is satisfied is commercial‑in‑confidence; (d) details of the opportunity for a person (an interested person) claiming to be the breeder of the second variety, or to have another interest in the second variety, to be heard in relation to the application under section 41C of the Act, including the requirement under subsection 41C(2) of the Act to give the Registrar an address for service; (e) a statement to the effect that the Registrar may draw an inference in deciding the application that is unfavourable to an interested person’s interest if: (i) the interested person does not provide an address for service, within the hearing period, under subsection 41C(2) of the Act; or (ii) the interested person declines the opportunity to be heard under subsection 41C(6) of the Act.