 |
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Regulations can be made under section 42 to exclude some taxa from the Act; this can only be done after the Minister as considered advice from the PBR Advisory Committee |
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in tree and vine varieties, PBR continues for 25 years from the date of granting, and in all other varieties, for 20 years from the date of granting;
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| • |
sale in Australia with the breeder's consent will be permitted for up to one year prior to applying for PBR [more detail about “sale” in section 4.3 of this paper]; |
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sale overseas with the breeder's consent will be permitted in tree and vine varieties for up to six years and in all other varieties for up to four years prior to applying for PBR;
|
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farm saved seed [more detail in section 3.9.1] will continue to be allowed, unless the crop is one declared by regulation to be one to which farm saved seed does not apply;
|
| • |
intentional infringement of a breeder's rights attracts a penalty of 500 penalty units ($55,000 under Section 4AA of the Crimes Act 1914) for individuals and the penalty for corporations is potentially five times greater (Section 4B(3) of the Crimes Act 1914), ie $275,000; [more detail on infringement in section 6 of this paper];
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Breeders are deterred from taking unfair advantage of another breeder's efforts by the introduction of the concept of the essentially derived variety (EDV). A breeder who believes such a situation has occurred is able to apply to the office to have the second variety declared an essentially derived variety; [more detail on ESD in section 4.4.2 of this paper] |
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transgenic plants, algae and fungi can be protected; |
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Plant Variety Rights granted under the PVR Act are treated as if they had been granted PBR; and |
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applications made under the PVR Act, but not finalised, are dealt with under the provisions of the PVR Act as if that Act were still in force. |
