Policy ID: 
122
Status: 
Identified for action
Priority: 
High
Issue summary: 

A plant variety name/synonym must not include a trade mark registered in respect of live plants, plant cells and plant tissues.

Unlike when trade marks are compared under the Trade Marks Act, the PBR Act does not allow consideration of whether the included trade mark is deceptively similar to the overall variety name, or if the relevant plant is actually similar to the goods the trade mark is registered for.

This can cause apparently unfair results, preventing PBR stakeholders registering their preferred name, even where an equivalent trade mark would be registrable.

History: 

Identified for action 24 June 2021

Comments: 

IP Australia welcomes feedback and evidence on this issue to support possible further work.

Tag: 
Plant Breeder's Rights
Trade Marks
228