Prescribed persons under paragraph 36(3)(f) of the PBR Act

Issue summary

There's confusion about who can access information on the name of each variety contained in a PBR application.

The PBR Act allows a person to inspect an application for PBR. Subsection 36(3) specifies who is entitled to access information on the name of each variety. Paragraph 36(3)(f) provides that the PBR Regulations may prescribe a person to access this information. Currently there are no provisions in the PBR Regulations which prescribe a person for the purposes of the subsection.

IP Australia proposes to repeal s36(3), as a step towards transparency of information in IP applications which is fundamental to our policy development work for Indigenous Knowledge (IK).

As part of our IK Work Plan, we're developing proposals for disclosure of source requirements for genetic resources and associated traditional knowledge in the patent and PBR systems. A disclosure of source requirement would make it clear where genetic resources and/or traditional knowledge have been used to develop an invention or a new plant variety.

It could help provide acknowledgement and recognition for Aboriginal and Torres Strait Islander peoples who have contributed knowledge to research and innovation, and it could help provide traceability on how information is used after a researcher first collects a genetic resource or traditional knowledge.

In our recent consultation there was overall support for a disclosure of source requirement in PBR and patents.

History

• On hold 24 June 2021
• Policy Development 5 December 2022

Comments

Issue is being considered as part of IP Australia’s PBR reform work.