Plant breeder's rights (PBR) are used to protect new varieties of plants by giving exclusive commercial
rights to market a new variety or its reproductive material.
You can direct the production, sale and distribution of the new variety, receive royalties from the
sale of plants or sell your rights.
To be eligible for protection you must:
- show that the new variety is distinct, as well as being uniform and stable;
- be able to demonstrate, by a comparative trial, that your variety is clearly distinguishable from
any other variety, the existence of which is a matter of common knowledge.
Plant breeder's rights do not extend to the use of a grower's crop (that is, the grower does not have
to pay a royalty on the crop produced), nor does it extend to the use of the variety in plant breeding or
retention by growers of seed for the production of another crop on their land.
Protection lasts for up to 25 years for trees or vines and 20 years for other species.
Applications should be filed with IP Australia. There is a registration
and examination process. It's legally enforceable and gives exclusive commercial
rights to a new plant variety.
You can learn more about the process under the
Plant Breeder’s Rights (PBR) section of this website.
