Fifth-generation apple grower, Allan McLean, shares his experience applying for plant breeder's rights and his top tips for success.
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Plant Breeder's Rights
Plant breeder's rights (PBR) are exclusive commercial rights for a registered variety of plant.
PBR basics
Plant breeder's rights (PBR) are used to protect new varieties of plants that are distinct, uniform and stable.
PBR in detail
PBR legislation also covers essentially derived varieties and farm saved seed. An advisory committee advises on any technical issues, and can sometimes grant PBR extensions.
PBR used with other IP rights
Different combinations of intellectual property rights can be used to add value to a single plant variety. Trade marks and patents are most commonly used with plant breeder’s rights.
Time and costs
The length of the registration process can depend on the variety you are growing. The length of protection is also different for some species. Application fees, certificate fees and renewal fees apply.
Applying for a plant breeder's right
Below is an overview of the PBR application process.
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Decide if you have a PBR
Before you apply for plant breeder’s rights find out if your new plant variety meets the eligibility criteria. -
Search
Before applying for PBR it helps to do a search to make sure your new plant variety is not already registered. -
Application part 1
This is the first step in the application process, and will provide provisional protection for your new plant variety. -
Get a qualified person (QP)
You need to nominate a qualified person to complete some parts of your application for plant breeder’s rights. -
Growing trials
The growing trial needs to demonstrate that your new plant variety is distinct, stable and uniform. -
Application part 2
The description of your new plant variety is provided for publication at this final stage of applying for plant breeder’s rights.
Using your PBR
Your plant breeder’s rights give you exclusive rights to commercialise your plant variety. To maintain your rights, you need to pay annual registration fees and label your plant variety correctly.
Dealing with oppositions
An objection to your application for plant breeder’s rights a PBR may take a long time to resolve. Attention to detail in your application can prevent objections.
International PBR
You can apply for PBR in other countries. Australia's PBR scheme conforms with the International Union for the Protection of New Varieties of Plants (UPOV).
Apply and manage
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 Nahida Bhuiyan has been an examiner in plant breeder’s rights (PBR) for nearly 10 years. |
 Published:
3 March 2021 Online services will replace eServices from 1 July 2021. As a result, eServices will no longer be accessible from 30 June 2021. This means all customers will need to file and manage their IP rights in our new online services. |
 Published:
16 November 2020 Do you want to learn more about commercialising your plant breeder’s right (PBR) overseas? We spoke to fifth-generation apple grower, Allan McLean, about how he found success overseas with his apple variety. |