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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.

Our plant breeders rights expertise

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.

Meet our plant breeders rights team

Lee Miles

Senior Associate

  • Sydney

Jane Hutchison

Special Counsel

  • Melbourne

Joanne Martin

Partner

  • Sydney
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We will connect you with a specialist attorney to discuss your needs.