PBR: Essentially derived varieties
Privacy Notice and Response Publishing
Please read our privacy notice, then answer the question about publishing your submission on IP Australia’s website.
Privacy Collection Notice
By making a submission to this consultation, you consent to your personal information being handled in accordance with this Privacy Collection Notice and IP Australia’s Privacy Policy.
When providing any third-party personal information in a submission, please ensure you have obtained their consent to their personal information being provided.
Your views will be considered but there is no guarantee that they will determine government policy.
Your privacy rights
Any personal or sensitive information that you provide in connection with your submission to this consultation is protected by law, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, which regulate how entities including IP Australia may collect, use, disclose and store personal information.
IP Australia will only collect your personal information where it is reasonably necessary for, or directly related to, the performance of our functions or activities, and the purposes set out below.
What personal information do we collect?
We collect your personal information when you provide your submissions. The personal information we collect may include your name, contact details, or organisation of which you are a representative. We will also collect any personal information which you choose to provide as part of your submission.
Why do we collect your personal information?
IP Australia will collect your submission, which may include personal information, for the purposes of:
- reviewing and considering submissions received in response to this public consultation;
- gaining stakeholder insights and comments on possible amendments to the intellectual property rights legislation or any related IP policy issue set out in the consultation papers;
- contacting you to discuss your submission, informing you about the outcomes of the consultation and informing you of further progress and consultation on these legislative proposals that we think may be of interest to you; and
- publishing your submission on IP Australia’s website.
How do we use and disclose your personal information?
IP Australia will use and disclose your personal information for the purposes set out above.
IP Australia intends to publish your submission, including any personal information provided within it, on its website. Information published online may be accessed worldwide, including by overseas entities. Once the information is published online, IP Australia has no control over its subsequent use and disclosure. If you do not consent to this publication, you must either not make a submission, or must not include any personal information in your submission. If you do make a submission that contains personal information, you are consenting to the disclosure of that information overseas and acknowledge that Australian Privacy Principle (APP) 8 will not apply to the disclosure. This means that if any overseas recipient handles your personal information in breach of the APPs, IP Australia will not be accountable under the Privacy Act and you will not be able to seek redress under the Act.
Your name – if supplied – will be used to attribute authorship of your submission unless you indicate you wish to remain anonymous, in which case your name will not be published or disclosed. If you consider that your submission is confidential and should not be published on our website, please clearly indicate this in your response.
In any event, IP Australia retains sole discretion to not publish a submission that is not confidential or has a non-confidential part. This includes removing any content from the submission or part before publishing it on IP Australia’s website. Such removed content could include unlawful, defamatory or offensive content.
Your submission, including any personal information you provide, may be disclosed:
- to relevant Australian Ministers with responsibility for intellectual property rights legislation and their offices
- to the Department of Industry, Science and Resources and other Commonwealth government agencies
- to relevant contractors providing services to the above parties
- in response to a request by another Australian minister
- where required by a House or a Committee of the Parliament of the Commonwealth of Australia
- where authorised or required by law.
IP Australia will not use or disclose your personal information provided for any other purposes unless authorised or required by law.
Further information
For more information about how IP Australia handles your personal information, how you may access or correct your personal information or how to make a privacy-related complaint, please see our Privacy Policy.