22 June 2018

On 28 February 2018, Lawn Solutions Australia requested the making of a regulation which would extend to 23 years the duration of Plant Breeder's Rights (PBR) for varieties within the taxon Stenotaphrum secundatum, under subsection 22(3) and section 69 of the Plant Breeder’s Rights Act 1994 (PBR Act).

The request from Lawn Solutions Australia stated that the buffalo grass variety ‘Sir Walter’, which was protected under PBR Certificate no. 1028 in the name of Buchanan Turf Supplies Pty Ltd, falls within the taxon Stenotaphrum secundatum. PBR in the buffalo grass variety ‘Sir Walter’ expired on 27 March 2018.

Once PBR has expired, it cannot be extended or revived by making a regulation under subsection 22(3) and section 69. It follows that PBR in the ‘Sir Walter’ variety cannot now be extended or revived.

For further information, please contact Nik Hulse, Chief of Plant Breeder’s Rights, IP Australia on 02 6283 7982.