Policy ID: 
146
Status: 
Identified for action
Priority: 
Medium
Issue summary: 

The farmers’ exemption (section 17 of the Plant Breeder’s Rights Act 1994) allows a person engaged in farming activities to harvest propagating material from their own plants and reproduce it, without infringing any plant breeder’s rights in the material. It was intended to protect farmers of seed crops, who traditionally keep some of the harvest for re-use the following season.

Concerns have been raised that the farmers’ exemption extends too far, including into unintended areas, such as ornamental flowers or grafting fruit trees. 

Comments: 

Technology impact:

Assuming there are no changes required to the prosecution of PBR applications and maintenance of granted PBRs, there should be no technology impact for IPA.

Tag: 
Plant Breeder's Rights
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