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IP Australia announced yesterday that the 10 000th application for plant breeder’s rights (PBR) has been filed in Australia. 

PBR application 2020/250 for Ceanothus, commonly referred to as Californian lilacs, variety ‘PacficWave’ was filed on 15 October 2020. The Part 1 application was accepted on 21 October 2020, providing preliminary protection of the variety.

PBR are a form of intellectual property (IP) that provide exclusive commercial rights in new and recently exploited plant varieties. PBR may co-exist with patents and trade marks related to the same plant variety.

A recently exploited variety is a plant sold with the breeder’s consent:

  • in Australia for fewer than 12 months for all species
  • overseas for fewer than six years for trees and some vines
  • overseas for fewer than four years for all other species

PBR protection applies for a maximum of 20 years from the date of grant of PBR for most plant species, and a maximum of 25 years from the date of grant of PBR for trees and some vines, including grape vines and kiwifruit.

According to IP Australia, almost all grains and major oilseed and pulse varieties grown in Australia are covered by a PBR. And accordingly, PBR have contributed significantly to Australia’s $60 billion agriculture sector.

Please contact us for more information on protecting your plant varieties.

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