The Patents Act 1990 in Australia does not have the same exemption for plant breeding or research purposes as is found in the Plant Breeder's Rights Act 1994. Therefore if the propagating material used for the breeding program is the subject of a patent, either for the variety itself or for a component, the plant breeder will need to seek a licence agreement from the patent owner as early as possible, and preferably before starting the breeding program. If the patent owner does not agree to give the licence this needs to be known before a lot of time and money has been invested in the program.
Go to Section 2.6 Using Plant Breeder's Rights
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