PLANT BREEDER’S RIGHTS

1.1 What is plant breeder’s rights

1.2 International Framework

1.3 Principles of PBR

1.4 History of PBR in Australia

1.5 Constitutional validity

PBR AND OTHER INTELLECTUAL PROPERTY RIGHTS

2.0 Introduction

2.1 Patents

2.2 Trade Mark

2.3 Copyright

2.4 Trade Practices and Fair Trading Laws

2.5 Freedom to Operate

2.6 Using Plant Breeder's Rights


OVERVIEW OF THE REGULATORY FRAMEWORK

3.1 Scope of PBR (PBR Owner's rights)

3.2 Applications

3.3 Objections

3.4 Provisional protection

3.5 Granting Plant Breeder's Rights

3.6 Conditions on grant

3.7 Duration

3.8 Obligations

3.9 Exemptions and restrictions

3.10 Revocation

3.11 Administrative Appeals Tribunal

CRITERIA FOR PROTECTION

4.0 Introduction

4.1 Plant Breeding

4.2 New

4.3 Prior exploitation

4.4 Distinct

6.1 Action for infringement

6.2 Who can take action

6.3 How to initiate proceedings

6.4 Declaration of non-infringement (Section 55)

6.5 Innocent infringement (Section 57)

6.6 Relief (section 56(3))

6.7Prosecution and Penalties (section 74 and 75)

6.8 Practical Steps

USEFUL LINKS

COMPENDIUM OF CASES (compiled by ACIPA for HAL)

CONTACTS

CONTRACTS

(this section is separated from the main sections of the "Understanding PBR"web site to emphasise that contracts are outside the scope of the PBR legislation)

A0 Introduction

A1 Contracts and PBR

A.2 Grower and grantee contract

A3 End Point Royalties

A5 Closed loop contract

A6 Grower and Distributor contract