Plant Breeder's Rights

Plant breeder’s rights provide an exclusive right to commercialise a registered plant variety, including the exclusive right to:

  • produce or reproduce the variety;
  • clean, coat, sort, package or grade the variety for the purpose of propagation;
  • direct production, sale, distribution and marketing of the variety;
  • stock the variety for any of the above purposes;
  • receive royalties from the sale of the variety; and
  • sell the plant breeder’s right.

Only new or very recently (i.e. sold with the owner’s consent for up to 12 months in Australia and up to six years overseas) exploited varieties can be registered. The applicant for a plant breeder’s right must also be able to show that the variety is distinct, uniform and stable. This is usually demonstrated through comparison to the most commonly known similar variety.

Despite registration, other can use the variety for the purposes of:

  • private or non-commercial use;
  • experimental purposes; and
  • breeding new plant varieties.
The Plant Breeder’s Rights Act 1994 provides for plant breeder’s rights and the Act is administered by the Plant Breeder’s Rights Office (PBRO) of Agriculture, Forestries and Fisheries Australia (AFFA). Plant breeder’s rights last for 25 years (from date the right is granted) for tree and vine varieties and 20 years for all other varieties.
Last reviewed: 11 September, 2009