FOR IP PROFESSIONALS

Eligibility

Applications for Plant Breeder's Rights (PBR) must satisfy eligibility criteria and come from an eligible applicant.

Eligibility

To be eligible for protection of a plant variety under the PBR scheme:

  • you must show that the new variety is distinct, uniform and stable (DUS)
  • the plant variety must not have been exploited or sold outside the time limits allowable under the scheme
  • the plant must have a breeder and an acceptable name 

Report of the Expert Panel on Breeding - December 2002 [152 KB]

How do I tell if my variety is distinct?

Applicants must verify that the variety is distinct from all other varieties of common knowledge by conducting a comparative test growing, which includes the new variety and the most similar varieties.

As a general rule of thumb, a registrable variety has to be clearly distinct from all varieties of common knowledge by the expression of at least one characteristic that is genetically determined. In practice, varieties are considered on a case-by-case basis.

Who can apply for Plant Breeder's Rights?

Applications for PBR are accepted from:

  • the original breeder of a new variety (or from their employer if the breeder is an employee of an organisation)
  • a person or organisation that has acquired ownership rights from the original breeder
  • an Australian agent representing an overseas breeder or owner

Last Updated: 19/12/2013

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