Under the Plant Breeder’s Rights Act, grantees of rights have to take all reasonable steps to ensure reasonable public access to the protected plant variety. An exemption can be sought under s 19(11) for plants of that variety which have no direct use as a consumer product, such as a parent line. Applications for such exemptions are rare. A stakeholder has raised concerns about this situation, but it is unclear whether the low number of applications is due to difficulties in obtaining the exemption or due to low stakeholder interest in the exemption (or a mixture of the two). Monitoring of the situation is required to determine the cause.
In the first instance, IP Australia would explore non-legislative measures to address this issue.