AUSTRALIA

• INTERNATIONAL TREATIES TO WHICH AUSTRALIA IS SIGNATORY

  • International Treaties to which Austria is signatory for the protection of Plant Breeders Rights.

    1. SEED TREATY OR PLANT TREATY – ITPGRFA – The International Treaty on Plant Genetic Resources for Food and Agriculture.
    2. TRADITIONAL KNOWLEDGE – International Treaty on Plant Genetic Resources for Food and Agriculture
    3. CONVENTION ON BIOLOGICAL DIVERSITY And BIO SAFETY.
    4. SANITARY & PHYTOSANITARY MEASURES, TECHNICAL BARRIERS to TRADE AGREEMENT – TBT & SPS
    5. INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS – UPOV.

     

    Australia is not a member of:

    • CARTAGENA PROTOCOL on Bio Safety
    • NAGOYA PROTOCOL on Access and Benefit Sharing & Liability and Redres
• PLANT BREEDERS RIGHTS LEGISLATION

  • Plant Breeders Rights in New Zealand are protected by:

    • Plant Breeders Rights Act 1994
    • The Patent Law regime
• PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS

  • Protection accorded by PBR:

    1. Essentially Derived Varieties
    2. Dependant Plant Varieties
    3. Harvested MaterialProtection accorded by the Act to: New Varieties designated by means of a denomination proposed by the applicant and approved by the authorities.
• PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS>

  • The Act does not protect the denomination given to such variety, if:

    1. Applications for the grant of protection are incompatible with the Act or Regulations
    2. The variety for which application filed, is not new
    3. Such applicant is not entitled to make the application as per law iv. the variety is a hybridParityPatents Law Firms through its Attorney and Law Firms in Australia is at hand to help you with PBR protection and registration.
• WHO MAY APPLY FOR PLANT BREEDERS RIGHTS
  • 1. Breeders
    2. Employers
    3. Successors – in – title
    4. Agents on behalf of the owner
• FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT AUSTRALIA

  • Application made for protection under the Act to contain  the following requisites:

    • 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.
• EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS
  • • 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.
• BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS

  • The Act protects New Plant Varieties which are:

    • Novel
    • Distinct
    • Uniform
    • Stable
    • Designated by proper denominations
• RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT

  • Duration of Registration:

    25 yrs. – Vines & Trees

    20 yrs. – All other varieties

    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
• COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT

  • 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 seekerParityPatents along with specialised Patent Lawyers and Patent Attorneys in Australia, can assist you comprehensively with PBR Compulsory Licence matters.
• Cost of Registration in AUSTRALIA

  • Please write a mail for cost of registration of Plant Variety Protection in Australia to the mail address given below:

    contact@paritypatent.com