The Plant Breeder’s Rights Advisory Committee (PBRAC) was abolished with effect from 21 February 2018, when the the Statute Update (Smaller Government) Act 2018 amended the Plant Breeder's Rights Act 1994 (PBR Act). The change however has no effect on the newly established Plant Breeder’s Rights Consultation Group.

This follows a 2014 recommendation by the National Commission of Audit (the Commission) to rationalise agencies, boards and committees as part of streamlining the structure and operation of the Australian Public Service.

The Commission argued that having a statutory body that provides plant breeder's rights advice to the government increases costs and complexity and does not provide sufficient flexibility for its operation and membership.

The Government agreed and has instead set up a Plant Breeder’s Rights Consultation Group, supported by IP Australia, to provide specialised advice on plant breeder’s rights matters. This has enabled a more flexible approach to consultation and a broader membership. The group meets twice a year.

PBRAC Consultation Paper

In September 2014, we released a paper on the PBRAC for public consultation. The PBRAC Consultation Paper discussed the PBRAC and possible alternatives to provide advice on plant breeder's rights matters. The paper also discussed relevant sections of the PBR Act under which the PBRAC could previously be asked to provide advice to the Minister.

We invited interested parties to make a submission by Friday 31 October 2014.

 

Submissions received

We received 12 submissions from the following parties:

  • Australian Centre for Intellectual Property in Agriculture
  • Australian Seed Federation
  • Christopher Prescott
  • Cotton Seed Distributors Ltd
  • Fleming's Nurseries Pty Ltd
  • Graham's Factree Pty Ltd
  • HM Clause Pacific
  • Institute of Patent and Trade Mark Attorneys of Australia (IPTA)
  • Law Council of Australia
  • Law Institute of Victoria
  • NSW Farmers' Association
  • Rijk Zwaan

PBRAC Completed Reviews

End Point Royalty (EPR) Collection in the Nursery and Garden Industry