There are some limitations. For example the grantee cannot exercise the rights if others are using the variety for private or for non-commercial purposes, for experimental purposes, or for breeding other plant varieties (Section 16 Plant Breeder’s Rights Act). A variety can be used for these purposes irrespective of the existence of Plant Breeder's Rights. In addition, farm saved seed is permitted, unless the crop is declared by regulation to be one to which farm saved seed does not apply (Section 17 Plant Breeder’s Rights Act) . At June 2005 no regulations had been made under Section 17 (more information on exemptions in Section 3.6 of this paper).

Like all intellectual property schemes, Plant Breeder's Rights are granted for a limited period of time, at the end of which varieties are publicly available. The breeder’s right is balanced by public interest considerations including: controls against possible abuse; assurance that varieties are publicly available; no requirement for authorisation of the plant breeder for the use of a variety for private, non-commercial or research purposes, including its use in the breeding of further new varieties. (See Explanatory Memo 2002 Regulation Impact Statement section; also Section 3.9 of this document.)

Go to 1.2 International Framework

UNDERSTANDING PBR | USEFUL LINKS | FAQs (IP AUST WEB SITE) | FEEDBACK | DISCLAIMER