3.8.2 User of PBR varieties

Users of plant varieties protected by Plant Breeder's Rights cannot use the variety for commercial purposes unless they have the authority of the grantee or licencee.

When someone purchases either seed or other plant material for the purpose of growing a commercial crop, there is generally and associated licence to grow that crop, and any applicable royalty is included in the purchase price. If there are additional conditions they should be brought to the attention of the purchaser at the point of sale.

There are then no restrictions on the use of the plant material for growing the crop unless there is an additional contractual agreement between the parties (see separate Section A on Contracts). Generally the use of plant material produced is also free provided that it is not sold or conditioned as propagating material or contain propagating material exported to countries where PBR protection is not available.

This means producers cannot sell/trade/barter/gift seed between themselves. If in doubt, contact the PBR grantee and determine whether their authorisation is required.

There are certain exemptions to these conditions that are dealt with in Section 3.9 of this Guide.

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