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
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 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:
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.