Extension of duration of PBR at a taxon level

Issue summary

Under subsection 22(2) of the PBR Act specifies that the duration of a PBR is for 25 years for trees and vines and 20 years for other varieties. Subsection 22(3) states that “The regulations may provide that PBR in a plant variety included within a specified taxon lasts for a longer period than is specified in subsection (2).” The drafting of subsection 22(3) may result in uncertainty as to whether extension can only be sought for a single variety within a taxon or whether an extension can be sought for an entire taxon.

The Plant Breeder’s Rights Advisory Committee (PBRAC) proposed amending subsection 22(3) to reduce this uncertainty.

History

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

Comments

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