COUNTRY : COMMON WEALTH OF AUSTRALIA
CAPITAL : CANBERRA
LANGUAGE : ENGLISH
INTERNATIONAL TREATIES TO WHICH AUSTRALIA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Plants (UPOV)
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in New Zealand are protected by:
- Plant Breeders Rights Act 1994
- The Patent Law regime
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The Act protects New Plant Varieties which are:
- Designated by proper denominations
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
Protection accorded by PBR:
- Essentially Derived Varieties
- Dependant Plant Varieties
- 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:
- Applications for the grant of protection are incompatible with the Act or Regulations
- The variety for which application filed, is not new
- 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:
- Successors – in – title
- Agents on behalf of the owner
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
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.
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.