In the former Advisory Council on Intellectual Property's (ACIP's) 2010 review of Plant Breeder's Rights (PBR) Enforcement, many stakeholders, particularly the breeders of agricultural varieties, were uncertain about the exhaustion of rights under s23 of the Plant Breeder's Rights Act. ACIP considered that the amount of confusion in the industry over exhaustion of Plant Breeder's Rights is significant enough to create inefficiencies in the industry.
To address this, ACIP recommended that the Plant Breeder's Rights Act be amended to make it clear that growers are able to grow and sell crop G0 (seed) & G1 (plant produced from the seed) of a plant variety without the authorisation of the Plant Breeder's Rights owner. Growers would still require authorisation to grow and sell crops G2+ (i.e. plants propagated from the G1 plant). The government accepted this recommendation in June 2011.
On hold 04 September 2017
Reviewed August 2020
Reviewed 24 June 2021
Issue has been expanded to include other issues around exhaustion raised by the PBR Consultation Group. No longer restricted to G0 and G1 material.
IP Australia welcomes feedback and evidence on this issue to support possible further work.