Plant Breeder's Rights
Plant breeder's rights are used to protect new varieties of plants
that are distinguishable, uniform and stable.
Labelling
Holders of provisional or full protection under Plant Breeder's Rights (PBR) should indicate to purchasers on plants or seeds for sale that the variety is registered with us. Only recommended versions of the logo and standardised wording can be used.
- Use the PBR logo and wording on the 'tie on' or 'push in' labels:
- Use the PBR symbol after the variety name in catalogues:
Industry Guidelines for Labelling PDF Version [
Industry Guidelines for Labelling RTF Version [
Inadequate labelling
Inadequate labelling of plants under provisional protection could reduce the effectiveness of future rights. Under Section 57 of the Plant Breeder's Rights Act 1994 the court may refuse to award damages against a person in an action for infringement of PBR in a plant variety, if the person was not aware of, and had no reasonable grounds for suspecting, the existence of that right.
Labelling for test marketing
Plant material sold for test marketing before the lodgement of an application should be labelled to establish an intention and time frame for an application for PBR. The following words should be used:
Eligibility of this plant as a registrable plant variety under Section 43(6) of the Plant Breeder's Rights Act 1994 will expire on <insert date>.
Note: The date nominated must not exceed 12 months from the date of first sale in Australia and not more than four years from the date of first sale overseas (or six years in the case of overseas sales of tree and vine varieties).
Misrepresentation
Warning: It is an offence under Section 75(4) of the Plant Breeder's Right Act 1994 to represent a non-PBR plant as a PBR protected plant.
Last Updated: 13/10/2011
