Allow exclusive licensee to bring proceedings for infringement under Plant Breeder's Rights Act

At a glance

Policy ID: 47

Status: Closed

Priority: No priority assigned

Plant breeders rights

Issue summary

IP legislation treats exclusive licensees of IP rights inconsistently when it comes to the ability to bring proceedings for infringement. In particular, exclusive licensees of patents, trade marks and copyrights have the right to bring proceedings for infringement under certain conditions. However, exclusive licensees of Plant Breeder's Rights (PBR) do not have the right to bring proceedings for infringement. This can cause problems for exclusive licensees of these rights when the owner of the right is unwilling or unable to enforce their rights, and can complicate licensing negotiations.

Amendment to the Plant Breeder's Rights legislation would allow exclusive licensees of Plant Breeder's Rights to bring proceedings for infringement of those rights.

Comments

This item is included in the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 which received Royal Assent on 24 August.

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