Introduce an information notice system to allow Plant Breeder's Rights owners to obtain information relating to potentially infringing materials

At a glance

Policy ID: 54

Status: Policy development

Priority: High

Plant breeders rights ACIP

Issue summary

In its 2010 review of Plant Breeder's Rights (PBR) Enforcement, the former Advisory Council on Intellectual Property (ACIP) recommended an information notice system be introduced into the Plant Breeder's Rights Act, based on the UK Information Notice system. This would enable Plant Breeder's Rights owners to obtain information from suspected infringers on the source of plant material.

The government accepted the recommendation in principle in June 2011, subject to further consultation and review of the UK system to determine what changes would be necessary for it to work in an Australian context.

History

  • On hold 4 September 2017
  • Identified for action 24 June 2021
  • Policy development 20-Dec-2022 

Comments

In 2022, IP Australia commissioned research from the University of Queensland to investigate the option of implementing an information notice system in Australia. The independent report recommends that an information notice system be implemented in Australia, with appropriate safeguards to prevent misuse. 
 
IP Australia is currently considering the recommendations made by UQ. The Government hasn't taken any decision on possible PBR reform. 
   
You can give us feedback on the recommendations via our consultation hub

 

Policy feedback

You can provide feedback on this policy through the form below.

Confirmation

By clicking the submit button below, you consent to any personal information you provide through this form being handled in accordance with the IP Australia Privacy Policy.