In Australia, breeders of new and distinct plant varieties can seek plant breeder’s rights (PBR) under the Plant Breeder’s Rights Act 1994. PBRs are a valuable form of IP, providing the holder, or an assignee or successor, with a short-term monopoly (i.e., 20 years for plants or 25 years for trees and vines) during which they can exclude others from undertaking a range of commercial activities relating to their protected plant(s). PBRs can also be secured for a new plant variety independently of, and in addition to, patents and trademarks, giving the PBR owner greater flexibility towards achieving their commercial goals.

With expertise across a range of technical and legal specialisations spanning the life sciences, we are well-placed to assist you with PBR in Australia, in addition to the protection of your plant-based innovation more broadly. In the context of PBR specifically, we can assist with:

• advice in relation to eligibility of your plant variety for PBR protection
• preparing and prosecuting PBR applications in Australia, including liaising with an IP Australia Accredited Qualified Person throughout examination (and during comparative growing trials if deemed necessary)
• coordinating filing and prosecution of PBRs or corresponding IP right overseas
• advice in relation to PBR infringement
• searching of the PBR database, landscape analysis and due diligence
• advice in relation to plant variety names and interplay with trade marks
• formulating a tailored IP strategy for your plant-related innovation incorporating PBR, patents and trade marks.