Document ID: chunk:federal_register_of_legislation:C2024C00537:section:40:p2
Version: federal_register_of_legislation:C2024C00537
Segment Type: section
Provision Reference: s 40 (pt 2/4)
Character Range: 70306–72990

(a) is the subject of an application for PBR; and
 (b) is also the subject of an application for a declaration of essential derivation;
then, unless and until the Registrar decides to grant the application for PBR:
 (c) the Registrar must not make the declaration of essential derivation; but
 (d) the Registrar may, in his or her discretion:
 (i) examine both the application for PBR and the application for a declaration of essential derivation at the same time; and
 (ii) for the purpose only of examining the application for a declaration of essential derivation—treat the applicant for PBR as the grantee of PBR in the variety.
 (4) An application for a declaration of essential derivation must:
 (a) be in the approved form; and
 (b) be accompanied by the prescribed fee in respect of the application.
 (5) An application must contain such information relevant to establishing a prima facie case that the second variety is an essentially derived variety of the initial variety as is required by the form.
 (6) If the initial variety has itself been declared to be essentially derived from another variety, the Registrar must:
 (a) refuse to declare the second variety essentially derived from the initial variety; and
 (b) notify each eligible person in relation to the initial variety (including the applicant) of the refusal and the reasons for it.
 (7) If the initial variety has not been so declared, the Registrar must determine, on the basis of the application, whether the Registrar is satisfied that there is a prima facie case that the second variety is an essentially derived variety of the initial variety.
 (8) If the Registrar is satisfied of that prima facie case, the Registrar must:
 (a) notify the applicant and the grantee of PBR in the second variety that the Registrar is so satisfied; and
 (b) notify the grantee of PBR in the second variety that, unless the grantee establishes, within 30 days after being so notified or such longer period as the Registrar allows, that the second variety is not an essentially derived variety of the initial variety, the Registrar will, at the end of that period, declare the second variety to be such an essentially derived variety.
Note: A decision under this subsection to refuse to extend the period of 30 days is reviewable by the ART under section 77.
 (9) If the Registrar is not satisfied of that prima facie case, the Registrar must notify each eligible person in relation to the initial variety (including the applicant) that the Registrar is not so satisfied, and of the reasons for not being so satisfied.
 (10) If, after considering:
 (a) the information presented by the grantee of PBR in the second variety;