A0 CONTRACTS AND PLANT BREEDER'S RIGHTS

INTRODUCTION

The Plant Breeder's Rights Act 1994 does not prescribe HOW a grantee will obtain a return on investment. There is often confusion about where PBR ends and contractual arrangements begin.

This next Section on Contracts is outside the scope of the Plant Breeder's Rights legislation but is provided as an adjunct to the "Understanding Plant Breeder's Rights" web site to give a more complete picture as to HOW the grantee of PBR can use the system to achieve a return on investment and therefore facilitate the objects of the Act which include the stimulation of plant breeding.

It is also important for users of protected plant varieties to understand how contracts are used by grantees to establish conditions under which they will allow their protected variety to be used.

Again, this is not part of the Plant Breeder's Rights Act and the contracts are between the grantee and the person who wishes to use the variety. It is a market mechanism which facilitates exploitation of the exclusive right (the right to exclude others from using the variety).

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