PBR and other IP rights

Last updated: 
30 May 2016

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).