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1.2 INTERNATIONAL FRAMEWORK

There are two main International Agreements to which Australia is a party that influence Intellectual Property protection for new plant varieties.

The Australian Plant Breeder's Rights system is based on (and consistent with) the framework provided by the Convention of the International Union for the Protection of New Plant Varieties (UPOV). This sets out the principles that must be included in each member country's legislation before it can join UPOV and obtain the benefits of reciprocal rights. While Australian legislation must reflect the Convention, Australia is also a member of the Council of UPOV and has input into the development of amendments and changes to the Convention.

More recently the World Trade Organisation (of which Australia is a member) has prepared the TRIPS Agreement which also influences the way in which Australia implements Intellectual Property law, to ensure consistency between signatory countries to facilitate global trade.

Sections 1.2.1 and 1.2.2 provide more details on these International Agreements.

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