How to label your protected plant variety

Once you've been granted a plant breeder's right (PBR), it's important to show that it's protected every time the name of your variety appears. This helps prevent infringement on your rights.  

How do I indicate that my variety is protected?

Once your PBR is granted, you'll need to indicate its status as a protected variety. You can do this by displaying the official PBR logo and the accompanying wording whenever its name appears.

Examples of the official PBR logo and symbol


PBR logo black

 


PBR logo colour

 


PBR symbol black


PBR symbol colour

 

You'll need to display it:

  1. On labels and packets
  2. After entries in catalogues.

To make sure that it's labelled correctly, we suggest following the industry labelling guidelines.

Why is labelling important?

Correct labels makes it clear to others that your variety is protected. This reduces the chance of someone arguing they innocently infringed upon your rights because it wasn't made clear on labels and in catalogue entries.

It's illegal to say that your variety is protected by a PBR if it isn't. It's an offence under section 75(4) of the PBR Act to represent a non-PBR plant as a PBR protected plant.  

How to label for test marketing pre-application

If you want to sell plant material for test marketing before you lodge your application, you'll need to label it accordingly. This includes showing the timeframe for the intended PBR application. You'll need to use the following text:

Eligibility of this plant as a registrable plant variety under Section 43(6) of the Plant Breeder's Rights Act 1994 will expire on <insert date>.

The nominated date can't be more than 12 months from the date of its first sale in Australia and not more than four years from the date of first sale overseas. For trees and for these vines —Actinidia (Kiwifruit), Bougainvillea, Campsis, Hedera and Vitis (grapevine) — the date can't be more than six years from the date of its first sale overseas.

Be aware that it's an offence under section 75(4) of the PBR Act to represent a non-PBR plant as a PBR protected plant.

Resources

You can download the PBR logo and the PBR symbol to use in your marketing materials. The files are provided as a zipped folder containing high resolution PDF, PNG and JPEG files, in both colour and black versions.