PBR and other IP rights

In addition to plant breeder’s rights, other forms of intellectual property (IP) may be available to you. Different combinations can be used to add value to a single plant variety, so ensure you get the right mix of protection for your circumstances.

The two most common additional options are trade marks and patents.

  • Trade marks and plants: trade marks are used to distinguish the goods and services of one trader from those of another. While a trade mark cannot be used as a variety name, it can be used as a banner or brand under which a range or series of varieties can be sold.
  • Patents and plants: sometimes new plants can also be patented. For example, it is possible to have a patent on a unique plant gene for disease resistance. The gene may be incorporated into plants of a variety, which can then also be protected by PBR.

Get professional advice

For specific assistance and advice on these options you could contact a Qualified person (QP).

Last updated: 
30 May 2016