COUNTRY : COMMON WEALTH OF AUSTRALIA
CAPITAL : CANBERRA
LANGUAGE : ENGLISH
The Plant Varieties protection in Australia is provided by The Registrar, Plant Breeder's Rights - IP Australia.
• Paris Convention for the protection of industrial property
• Patent Co-operation Treaty – PCT.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
Plant Breeders Rights in Australia are protected by:
Plant Breeders Rights Act 1994 & the Patent Law regime.
The Act protects New Plant Varieties which are:
- Designated by proper denominations
Protection accorded by PBR:
i. Essentially Derived Varieties
ii. Dependent Plant Varieties
iii. Harvested Material
New Varieties designated by means of a denomination proposed by the applicant and approved by the authorities.
The Act does not protect the denomination given to such variety, if:
i. applications for the grant of protection are incompatible with the Act or Regulations
ii. the variety for which application filed, is not new
iii. such applicant is not entitled to make the application as per law
iv. the variety is a hybrid.
PartityPatents through it's associate Law Firms in Australia, is at hand to help you with Plant Varieties protection and registration.
- Successors – in – title
- Agents on behalf of the owner
• the name and address of the applicant or his agent
• if the applicant is the breeder of the variety—a statement to that effect; and
• a brief description, along with a photograph, of a plant of the variety sufficient to establish distinctiveness of the variety
• the name of the variety and any proposed synonym for that name
the name of the location at which the variety was bred
• the name of each variety (the parent variety) used in the breeding program
• a brief description of the manner in which the variety was bred
such other particulars (if any) as are required by the approved form.
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- Upon application being compliant, it is published .
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit of 6 months
- There being no objections or objections successfully overcome by the application, registration granted to the applied variety.
Owners of the registered plant variety may:
• Produce and reproduce the propagating material
• Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
• Condition the propagating material for the purposes of propagation
• Sale, Export, Import the material
• Assign, Sell, Transfer the material to other parties
• Stock the propagating material for all of the above acts
Duration of Registration:
25 yrs. – Vines & Trees
20 yrs. - All other varieties
Authorities may issue compulsory licenses in the following circumstances, 2 yrs. post grant of registration if:
• Reasonable public access to the plant variety is not given by the Plant Breeders Rights holder
• Inaccessibility to the plant variety affects the compulsory license seeker.
ParityPatents through its Lawyers and Attorneys specialised in Plant Breeders Rights and Plant Varieties Protection can comprehensively assist you with Compulsory Licence matters in Australia.
To order a quotation regarding expenses and the fee schedule :email@example.com