Introduce exemplary damages for infringement of Plant Breeder's Rights

At a glance

Policy ID: 55

Status: Closed

Priority: No priority assigned

Plant breeders rights ACIP

Issue summary

Patents, trade marks and designs legislation allow the courts to award additional damages for infringement on top of those to compensate for the harm caused. Additional damages are awarded by punishment in cases of flagrant infringement rather than compensation and restitution, to deter further infringement.

Plant Breeder's Rights does not have this award. The former Advisory Council on Intellectual Property (ACIP) in its 2010 review of enforcement of Plant Breeder's Rights considered that this was inequitable and reduces the ability of Plant Breeder's Rights owners to enforce their rights. The government accepted ACIP's recommendation in June 2011 to amend the Plant Breeder's Rights Act to include exemplary damages, modelled on s122 of the Patents Act.

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August.

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