A Little Bird Told Me – Plant Breeders Right costs in Australia – Sweeny Legal

Plant breeder’s rights (PBRs) are used to protect new varieties of plant that are distinguishable, uniform and stable.

In Australia, PBRs include water-efficient wheat and Pink Iceberg Roses.

As well as meeting a set of criteria to pass examination, PBRs must also:

  • be distinctive from other varieties of the same plant;
  • be uniform and stable;
  • not have been exploited or sold outside certain time limits; and
  • have an identified breeder and an acceptable name.

A PBR gives the owner exclusive rights to exclude others form commercially using and selling a variety, it provide the opportunity for the right holder to collect royalties while directing the production, sale and distribution of varieties.

Other plant breeders can freely use parts of a registered PBR to experiment with, use non-commercially or develop a new variety for commercial use.

PBR application cost : $345 per class

Examination: $1610

Duration: 20 years

Renewal: every year.

Source IP Australia – Australia Intellectual Property Report p. 33

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How can we work together? Please contact me if you have any Plant Breeders Rights or Intellectual Property which needs to be protection.

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Please contact Sweeny Legal  or Brandsworth Licensing should you require any assistance with any Intellectual Property (IP) rights, Commercial Agreements of any type or IP Business Strategies.

Phone: 02 4228 1864

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Filed under Intellectual Property Law, License Agreements, Plant Breeders Rights Law

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