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Breeders Rights Industry
Guidelines for Labelling
Industry Guidelines for Labelling
Holders of provisional or full protection under Plant Breeders Rights should indicate to purchasers that the variety is registered with the Plant Breeders Rights office. To avoid confusion in the marketplace, the PBR Office requires that only recommended versions of the logo and standardised wording be used.
Please refer to industry guidelines for labelling handout either in word [351 KB] or PDF [475 KB] formats.
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.
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 .............................*
*(Date nominated must not exceed 12 months from the date of first sale
in Australia and not more than 4 years from the date of first sale overseas,
or 6 years in the case of overseas sales of tree and vine varieties.)
Warning: it is an offence under section 75(4) of the Plant Breeder's Rights
Act 1994 to represent a non-PBR plant as a PBR protected plant.
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