2.5 FREEDOM TO OPERATE

Before a plant breeder uses propagating material to develop a new variety, he/she must know whether or not there is any form of Intellectual Property protection over the material being used, both in Australia and overseas – in all places where any new variety may be sold. If the plant variety is covered by Plant Breeder's Rights there is a plant breeding exemption (Section 16 PBR Act) and as long as any resultant new variety is distinct (in terms of the PBR Act) from the protected parent material, then the permission of the owner of the original PBR is not required (see Section 4.4 of this Guide).

Click on "More Info" for information about the position with research under the Australian Patents Act.