Draft Plant Variety Rights Regulations and Fees Released

The Ministry of Business, Innovation and Employment (MBIE) has now released an exposure draft for the Plant Variety Rights Regulations 2022 along with associated material, including a fees discussion document.

The Regulations relate to the Plant Variety Rights Bill 2021, which will replace the current Plant Variety Rights Act 1987 with significant changes. The Bill as introduced was earlier discussed here and the changes following the select committee were earlier discussed here. The fees discussion document follows on from the earlier consultation on fees as earlier discussed here. Notable provisions include:

• The draft regulations seek to fill considerable procedural gaps in the current regulations by drawing on the framework used for the Patents Regulations 2014.
• It will be mandatory to use the IPONZ Case Management system unless the Commissioner is satisfied that there are exceptional circumstances that justify not using it.
• In addition to an address for service an electronic communication address also needs to be provided.
• Renewal Fees will change from being due 1-month either side of the anniversary date to the three-months ending with the anniversary date.
• It is clarified that fees need to be paid (electronically) at the time of the relevant application, request or other filing unless an arrangement acceptable to the Commissioner has been made. Although for examination and growing trial fees these need to be paid within 2-months of the Commissioner requesting payment, unless the Commissioner is satisfied that exceptional circumstances exist.
• The denomination (name to be recorded in the registry for a protected variety) needs to be supplied within 3-months of the application date.
• Schedule 2 of the Regulations sets out 10 non-indigenous plants of significance to Maori. However, it is noted that this list may be added to following the response to the WAI 262 Report.
• The structural changes to the fees set out in the earlier fees consultation document are to be implemented, with significant increases in fees on account of the changes that have occurred since fees were last reviewed.

Author: Quinn Miller

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