Plant Breeder's Rights
For agricultural businesses, the exploitation of new plant varieties can produce significant competitive advantages. Plant varieties developed to be drought resistant for example, can protect crops in harsh conditions and improve yields. Protecting your unique plant species from being copied is much like the need for protecting a new invention; commercial success can depend upon it.
Plant Breeder's Rights (PBR) are exclusive commercial rights for the use of new and distinguishable plant varieties. Protection offers control over the production, sale and distribution of the new variety, allows you to receive royalties from the sale of plants and to sell your rights.
The breeder of a new variety of plant, and those who have acquired ownership rights from the original breeder can apply for PBR under the Plant Breeder's Rights Act 1994. Protection can last up to 25 years depending on the type of plant being registered. You can apply for the rights using application forms available from the PBR Office.
What to do...
- Apply for PBR through IP Australia.
- Search the PBR database before lodging.
- Read all about Plant Breeder's Rights on the IP Australia website.
- Find information on intellectual property in your state or territory.
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