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What are the requirements to register PBR?

The requirements to register plant breeder's rights (PBR) are:

  1. there must be a breeder
  2. there must be a new plant variety, or the variety that you want to register must not have been sold in Australia for more than
    1. 12 months without the breeder's consent, or
    2. 4 years for overseas applicants (or 6 years for overseas applicants in relation to trees and vines) without the breeder's consent
  3. the new variety must be
    1. new and distinctive - that is, it must be different from a variety that is already available
    2. uniform - that is, its characteristics are present when propagated, and
    3. stable - that is, its characteristics remain the same in the course of a number of propagations
  4. the applicant must be the breeder, or a person who has acquired ownership rights from the breeder.