Operation of Section 27 of the PBR Act

At a glance

Policy ID: 127

Status: Policy development

Priority: High

Plant breeders rights

Issue summary

Two issues have been raised in relation to the operation of section 27(b) (Names of new plant varieties) of the PBR Act. The current wording is unclear and results in two denominations (the name and a synonym) being registered in many cases. Either (or both) may be used in relation to the variety causing confusion. In addition, section 27(6) references the International Code of Botanical Nomenclature (ICBN). The latter is not directly relevant to the naming of a plant variety.


  • On hold 24 June 2021
  • Policy development 5 December 2022


Issue is being considered as part of IP Australia’s PBR reform work.

Policy feedback

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


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.