Plant breeder's rights growing trials

Plant breeder's rights (PBRs) provide legal protection for new plant varieties. 

Examining unique traits in new plant varieties is a highlight of Ali Bhatti’s role as one of our plant breeder’s rights (PBR) examiners.

As part of our PBR growing trials, examiners assess whether new plant varieties meet strict eligibility requirements before they can be granted intellectual property (IP) protection. If a new variety passes all required tests, the breeder is granted PBR, giving them exclusive rights for up to 20 or 25 years, depending on the plant type.

In Spring 2024, our PBR team examined more than 70 new plant varieties including pincushion flowers, garden geranium, lavender, wheat, barley and potatoes.

Ali sees a lot of novel varieties in his role. Over the years, he’s visited breeders developing innovations such as white strawberries with white flesh and an apple variety with pink flesh, which took more than a decade to perfect.

“It was so unique and exciting to see the outcome of more than 10 years of endeavours from the grower,” Ali said.

Unique, consistent and reliable

To qualify for PBR, a plant variety must be:

  • A product of a selective breeding process.
  • New or recently exploited.
  • Distinct (D): clearly distinguishable from other known varieties.
  • Uniform (U): reproduces consistently with uniform characteristics.
  • Stable (S): maintains distinct characteristics across generations.

Benefits of intellectual property protection

Plant varieties with PBR are more likely to be commercialised, as revealed in the Australian IP Report 2024, with 96% of varieties protected by PBRs being sold commercially, while 74% of commercial-ready varieties without PBR protection are sold commercially.

New plant varieties benefit not only the breeder but also the broader agricultural and horticultural industries. With PBR protection, breeders can license their variety, expand into new markets, and import or export their product – driving commercial growth.

Find out more about PBR growing trials at Plant Growing Trials.