Plant Breeder’s Rights Explained for Australian Growers and AgTech Businesses

For breeders, growers, nurseries and agtech businesses, plant innovation can be commercially valuable.

Plant breeder’s rights, or PBRs, are a form of intellectual property that protect new plant varieties. IP Australia describes PBRs as giving exclusive commercial rights to a new plant variety that has been developed.

PBR protection can be relevant for new varieties of plants, including agricultural crops, ornamentals, fruit varieties, garden plants and other commercially valuable plant material.

A PBR can help the owner control commercial use of the protected variety. This may include production, reproduction, sale, import, export and related commercial activities involving propagating material.

PBRs can be particularly important where a business has invested heavily in breeding, testing, selection, trials and commercialisation.

But PBRs are not always the only form of protection needed.

A plant variety may also raise issues around:

• trade marks for variety names or brands;

• confidential information during breeding and trials;

• commercial licences;

• distribution agreements;

• overseas protection;

• enforcement against unauthorised propagation.

IP Australia notes that applying for a PBR involves a two-part process and takes time, so businesses should consider protection early rather than waiting until commercial release.

The name of the plant variety also needs careful thought. The variety denomination and the commercial brand may not be the same thing. In many cases, the strongest market position comes from combining PBR protection with a strong brand strategy.

Regional IP can help breeders, growers and agtech businesses with plant breeder’s rights, trade mark protection, licensing and commercial IP strategy for new plant varieties.