Policy ID: 
Policy development
Issue summary: 

Patents, trade marks and designs legislation allow the courts to award additional damages for infringement on top of those to compensate for the harm caused. Additional damages are awarded by punishment in cases of flagrant infringement rather than compensation and restitution, to deter further infringement.

Plant Breeder's Rights does not have this award. The former Advisory Council on Intellectual Property (ACIP) in its 2010 review of enforcement of Plant Breeder's Rights considered that this was inequitable and reduces the ability of Plant Breeder's Rights owners to enforce their rights. The government accepted ACIP's recommendation in June 2011 to amend the Plant Breeder's Rights Act to include exemplary damages, modelled on s122 of the Patents Act.

Legislative drafting 04-Sept-2017
Consultation 23-Oct-2017 to 4-Dec-2017
Policy development 5-Dec-2017

Public consultation on exposure draft of the legislation and explanatory material is closed.

IP Australia is reviewing the submissions to determine appropriate amendments to the draft.

Plant Breeder's Rights