Plant breeder's rights (PBR)

1. What is meant by PBR? Plant breeder's rights (or PBR) describe the type of intellectual property right that protects new varieties of plants and trees.
2. What rights does PBR give me? PBR confers upon the holder the right to stop others using the PBR in the country in which the PBR is registered.
3. Does PBR need to be registered? Yes.
4. Does PBR operate 'worldwide'? No. PBR can be registered in each country that is a member of an international treaty called International Union for the Protection of New Varieties of Plants.
5. How long does PBR last? PBR lasts:
  1. in relation to trees and vines, for 25 years, and
  2. in relation to other plants, for 20 years.
6. How do I search existing PBR to see if my new plant variety will be sufficiently new and distinctive to be registered? You can search for a PBR on IP Australia's website.
7. How do I make an application for PBR? You can file the application online or download an application form on IP Australia's website. You can also engage a 'qualified person' to file the application for you.
  • Last reviewed: 28 Sep 2020
  • Last updated: 13 Jun 2016