Plant Variety Journal - IP Australia

Obligation under the International Convention for the Protection of
New Varieties of Plants 1991 (UPOV91)
Consistent with Australia’s membership of UPOV 1991, the criteria for the granting
of protection under the Plant Breeder’s Rights Act 1994 (PBRA) is that the variety:
has a breeder; is new, distinct, uniform and stable; has an acceptable name; and that
application formalities are completed and relevant fees payed.
Applicants for protection need to be aware of the existence of any other Australian
legislation, which could impact on their intended use of the registered variety.
Administrators of other Australian legislation may have an interest in applications for
registration notified in this journal.
It is feasible for a new variety to be registered under the PBRA, but, as the PBRA coexists
with other laws of the land, the exercise of the breeder’s right may be restricted
by such legislation. For example, current legislation may prohibit the use of that
variety in food, or, the growing of that variety as a noxious weed.
The Plant Breeder’s Rights Office (PBRO) advises that it is the responsibility of the
applicant and of administrators of legislation to take these matters up directly between
the responsible parties and not with the PBRO.
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Plant Varieties Journal Vol. 21 No.3