Extending your PBR
Extending your PBR
The Plant Breeder's Rights Advisory Council (PBRAC) has an assessment framework for requests to extend the duration of protection. This framework outlines the process for objective and consistent assessment.
If granted, these provisions of extension are applied to all PBR of plant varieties within a specific taxon, and not to an individual PBR. Anyone can apply for an extension of duration of protection on a taxon.
How to apply
A request should include:
- The length of the requested extension and reasons why this length is sought
- Whether the application for extension is permanent or is for a defined period
- The taxon for which the extension to the duration of PBR protection is sought and reasons why this taxon was chosen
- The reasons why an extension to the duration of PBR protection is being requested including
- a description of the problem the extension is intended to address or overcome, and evidence to support that there is a problem
- what other steps the requestor has taken to overcome or address the problem
- An explanation of why, Government action to extend the duration of PBR protection for that taxon is justified
- An explanation of how, extending the duration of PBR protection for that taxon will address the problem.
Assessment Process
The decision of a request is made on a case by case basis and is open for interested parties to comment.
1. Once we receive a request we will consider it against the assessment framework and give the chance to provide additional information if needed
2. The Minister will notify the requestor if unsuccessful or will advise public consultation a case for action has been made
3. The Minister will release a paper for public discussion
4. After submissions close, we will conduct an analysis and provide a report to the Minister
5. The Minister will make a final decision whether regulations will be made under subsection 22(3)
When assessing a request for extension, a number of issues will be taken into account and an impact analysis will be undertaken. These will affect whether an extension will or will not be considered:
- The cause of the factor limiting exploitation and if this self inflicted
- Will extending duration effectively address the problems?
- Are there any other alternative mechanisms in place?
- Is the breeder able to take effective steps to mitigate against the effects of the interfering factors? Have they done so?
- How many people are affected by the perceived problem?
- The perceived consequences if an extension to the duration of protection is not granted
- The breadth of the taxonomic category for which the extension is sought
- Crop rotation length
- Typical (industry average) period to commercial adoption, for the taxon
- Multiplication time
- Time for a taxon to become biologically and commercially productive
- Anticipated commercial life of that taxon.
Possible outcomes
In considering an application for extension, the Minister may adopt a number of different outcomes:
- Not to extend the duration of PBR protection for the nominated taxon
- To adopt alternate Government action
- To extend the duration of PBR protection as requested by the applicant
- To extend the duration of PBR for a period considered appropriate by the Minister
- To apply the extension to existing and/or future rights within the taxon.
- To apply the extension indefinite or only for a limited period of time
- To determine whether the extension is subject to a future review and, if so, when.
More information
Assessment Framework for requests to extend the duration of PBR protection PDF [82KB]
Last Updated: 04/1/2013
