What are my rights as a PBR holder?
You own your plant breeder's rights (PBR); that is, you own the right to use the plant variety protected by the PBR.
You have the exclusive right to exploit the plant variety protected by PBR.
Because PBR is an asset, it can be sold.
Gift by will
Like any other property that you own, you can make a gift of your PBR in your will.
You can license the use of your PBR.
Rights to the plant variety's name and synonym
As the PBR owner, you have the sole right to use the plant variety's name and synonym that you registered with the plant variety.
Rights across Australia
As PBR operates throughout Australia, your rights operate across Australia.
Because PBR is an asset, its value can be reflected in your balance sheet.
Pursuit of infringers
As the PBR holder you can stop a person infringing your PBR, or infringing the name of the plant variety of the PBR, by seeking an injunction, and/or seeking damages.
The improper use of PBR is a criminal offence, as is the improper use of the name of the plant variety of the PBR.
- Last reviewed: 26 Sep 2020
- Last updated: 18 Dec 2013