Duration of PBR (Section 22 of the PBR Act)

Issue summary

Under the Plant Varieties Rights Act 1987 the duration of protection began from the initial acceptance of the application.

In the current PBR legislation, the Plant Breeder's Rights Act 1994, protection begins from date of grant. This means that if granting of an application is delayed the duration of protection is longer.

This means that applicants who progress applications in a timely manner are potentially disadvantaged. As there are no lapsing provisions, there is no incentive to progress applications in a timely manner.

History

• On hold 24 June 2021
• Closed 5 December 2022

Comments

This item has been closed as the current approach in the PBR Act is consistent with the 1991 UPOV Convention which Australia is a signatory to.