Definition of trees and vines in the PBR Act

At a glance

Policy ID: 142

Status: Closed

Priority: No priority assigned

Plant breeders rights

Issue summary

The interpretation of trees and vines is problematic due to the technical difficulty in providing a clear definition (this is also seen as a problem in many other authorities). It is not possible in all cases to reasonably classify an entire taxon as only trees or only not trees. Similarly, “vines” can be interpreted very narrowly (only varieties of Vitis vinifera) or very broadly (any taxon that could be botanical described as a vine).

Trees and vines are mentioned in Article 6 of UPOV 91 in relation to prior sale. Trees and vines are also mentioned in Article 19 in relation to duration of the breeder’s right. The intent of including the notion of trees or vines for novelty and duration is to presumably allow for the extra time needed to develop and market the variety sufficient to obtain a return on investment.


  • On hold 24 June 2021
  • Closed 5 December 2022


After consideration no issues related to IP Australia’s interpretation of the definitions of trees and vines has been identified. 

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