53. Volume 13- Number 1 - IP Australia

PLANT VARIETIES JOURNAL 2000 VOL 13 NO. 1
APPENDIX 2
Plant Breeders Rights Advisory Committee (PBRAC)
(Members of the PBRAC hold office in accordance with
Section 85 of the Plant Breeder’s Rights Act 1994.)
Dr Brian Hare
Director of Research
Pacific Seeds Australia
6 Nugent Crescent
TOOWOOMBA QLD 4350
Representing Plant Breeders
Ms Cheryl McCaffery
Business Development Manager
UniQuest Limited
Research Road
University of Queensland
ST LUCIA QLD 4072
Member with appropriate qualifications and experience
Mr David Moore
Consultant
Applied Economic and Technology Services
PO Box 193
GAWLER, SA 5118
Member with appropriate qualifications and experience
Ms Natalie Peate
Nursery Owner
26 Kardinia Crescent
WARRENWOOD VIC 3134
Representing consumers
Mr Hugh Roberts
Farmer
‘Birralee’
COOTAMUNDRA NSW 2694
Representing Users
Professor Margaret Sedgley
Head, Dept. of Horticulture, Viticulture and Oenology
University of Adelaide
Waite Campus, PMB 1
GLEN OSMOND SA 5064
Representing Plant Breeders
Mr Doug Waterhouse (Chair)
Registrar, Plant Breeders Rights
GPO Box 858
CANBERRA ACT 2601
Comments on the technical operation of, or amendments to,
the Plant Breeder’s Rights Act 1994, particularly
applications under section 17(2), should be directed through
the Chairman.
26th MEETING OF THE PLANT BREEDER’S
RIGHTS ADVISORY COMMITTEE (PBRAC)
The 26th meeting of the Plant Breeder’s Rights Advisory
Committee (PBRAC) was held in Canberra on 16
September 1999. All PBRAC members attended.
Key matters discussed were:
High Court actions related to the Plant Breeder’s Rights
Act 1994 (PBRA) due to be heard on 5/6 October and
proposed amendments to the PBRA. PBRAC noted
developments and agreed that proposed draft amendments
to the PBRA should remove the source of legal conflict and
had the potential to gain the support of the contesting
parties.
PBRAC recommended: The potential impact of an
amended PBRA should be brought to the attention of other
statutory marketing organisations, such as the Australian
Wine and Brandy Corporation and the Australian
Horticultural Corporation.
Disruptive approaches affecting the productivity of the
Plant Breeder’s Rights Office (PBRO). PBRAC
considered that frequent, ill-prepared objections under the
scheme were disrupting the work of the PBRO.
PBRAC recommended: The PBRO should adopt a
minimalist response to such objections and establish an
advance fee system for the lodgement of objections.
Plant Industries Committee Task Force survey
recommendations on the PBRA. The terms of reference
were to research and collate the experiences of jurisdictions
with PBRA to date; to identify commercial opportunities to
implement End Point Royalties; and to examine the need
for and desirability of amending the PBRA. PBRAC
broadly supported the draft recommendations of the PIC
which is to present a final report to the Standing Committee
on Agriculture and Regional Management (SCARM) in
March 2000.
PBRAC recommended: A key recommendation was to
amend the PBRA to allow for the payment of ‘equitable
remuneration’ for plant breeders (through End Point
Royalties) when the breeder’s right is restricted in the
public interest.
International Convention for the Protection of New Plant
Varieties (UPOV) developments. PBRAC noted that
membership of UPOV had now risen to 44 contracting
parties with an increasing number accepting UPOV 91
obligations.
PBRAC recommended. Australia should accede to UPOV
91 as soon as possible.
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