PBR - Exception from ‘recent exploitation’ – Registrar to prescribe ‘Tests or trials’

At a glance

Policy ID: 137

Status: Closed

Priority: No priority assigned

Plant breeders rights

Issue summary

The PBR Act allows a person who has developed a new plant variety to test it prior to lodging the PBR application. They may decide to transfer plants of that variety to an evaluator to conduct certain tests on the variety.

Section 43 of the PBR Act specifies the recent exploitation period will not commence until the tests specified in that section or prescribed by the regulations are complete.

There are currently no provisions in the PBR Regulations that prescribe additional tests or trials, therefore tests by an evaluator will not result in the recent exploitation period commencing.


  • On hold 24 June 2021
  • Closed 5 December 2022


IP Australia has not identified any problems where additional tests or trials need to be prescribed.

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