Holders of plant breeder's rights (PBR) protection should indicate that their variety is registered with us on the labels of plants or seeds for sale. This applies to both provisional and full plant breeder’s rights protection.
Only recommended versions of the logo and standardised wording can be used. The PBR logo and wording should be used on both 'tie on' or 'push in' labels.
The PBR symbol can be used after the variety name in catalogues.
Inadequate labelling of plants under provisional protection could reduce the effectiveness of future rights. Under section 57 of the Plant Breeder's Rights Act 1994 (PBR Act) the court may refuse to award damages against a person in an action for infringement of PBR in a plant variety, if the person was not aware of, and had no reasonable grounds for suspecting, the existence of that right.
Labelling for test marketing
Plant material sold for test marketing before the application is lodged should be labelled to show the time frame for the intended application for PBR. The following words should be used:
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 date nominated must not exceed 12 months from the date of first sale in Australia and not more than four years from the date of first sale overseas. This timeframe extends to six years in the case of overseas sales of tree and grapevine (Vitis vinidera) varieties.
It is an offence under section 75(4) of the PBR Act to represent a non-PBR plant as a PBR protected plant.