Watermark
Plant breeder's rights (PBR) are administered under the Plant Breeder's Rights Act 1994 and were developed to "provide for the granting of proprietary rights to breeders of certain new varieties of plants and fungi". A PBR will grant the exclusive right to
Plant
Breeder's Rights
- produce or reproduce the material
- condition the material for the purpose of propagation (conditioning includes cleaning, coating, sorting, packaging and grading)
- offer the material for sale
- sell the material
- import the material
- export the material; and
- stock the material for any of these purposes
What are the eligibility criteria?
- The new variety must be new and distinct from previously known plant varieties. You must be able to demonstrate this in a comparative trial.
- It must be uniform and stable
- It must have been derived by a person and not have arisen in the wild
Duration of a PBR
A PBR gives twenty years protection or up to 25 years for trees and vines.
Contact Watermark in relation to Plant Breeder's Rights for assistance in:
- Pre filing advice
- Freedom to file searches
- Lodgement and prosecution
- Advice on naming protocols through the International Code of Nomencalature for Cultivated Plants
- Fending off infringers