Coronavirus (COVID-19) update: Complete our 2-minute survey and tell us what information you need to help your business during COVID-19. Find assistance and support for coronavirus affected businesses and industries.

What is the process for applying for PBR outside Australia?

No 'worldwide' PBR

There is no such right as 'worldwide' plant breeder's rights (PBR). PBR is registered by a government of a country.

The Australian Government, for example, does not have power to register PBR that would apply in the United States. Nor does the United States Government have the power to register PBR that would apply in Australia.

No 'worldwide' PBR application

There is no international treaty that deals with an international application for PBR, unlike patents in relation to the Patent Cooperation Treaty or trademarks in relation to the Madrid Protocol.

This means that you must make an individual PBR application in each country where you are seeking PBR.

In practice, you would only seek PBR in those countries where you anticipated:

  1. selling your plant variety
  2. exporting your plant variety
  3. licensing your plant variety.

UPOV

The International Union for the Protection of New Varieties of Plants (UPOV) is an international treaty that makes provision for such matters as:

  1. the requirements for the protection of new plant varieties
  2. the application process
  3. the duration of PBR rights.

Countries that are signatories must have domestic laws that provide for the matters required by the treaty.

Australia's obligations under the treaty are met by the Plant Breeders' Rights Act 1994 (Cwlth).