• The right to exclude (“shutting out all other” (Macquarie Dictionary)

• A private monopoly right given in exchange for public disclosure of an invention – designed to stimulate innovation by rewarding the inventor while still making the knowledge available

• Based on the international system

• Reciprocity with other signatory nations to the UPOV Convention

• Sets the framework for the grantee to obtain a commercial benefit from the new variety – how this is done is a matter for contract and is not set out by the Act

• Only covers new plant varieties (including fungi and algae)

3:
definition of “plant”

• Variety is new, Distinct, Uniform, Stable and not (or only recently) exploited

• Extends to essentially derived and dependent varieties, and end product in some circumstances

• Extends to harvested material and end products in some circumstances if grantee cannot exercise the right over propagating material

• Exemptions are provided for research purposes and farm saved seed – public good in exchange for commercial right

• Exhaustion of rights after first sale

• Duration of rights

• Equitable remuneration