Australian Government is reviewing plant breeder’s rights

By IP Australia

IP Australia is the Government agency responsible for plant breeder’s rights (PBR) in Australia – a type of intellectual property that people can register to protect their new plant varieties. They are reviewing the PBR system and how it fits into the bigger picture of breeding, introducing and commercialising plant varieties.

The Australian PBR system exists to encourage innovation in plant breeding and the development of new plant varieties. PBR gives exclusive commercial rights for a registered plant variety and can support plant breeders gaining a return on their investment.

People apply to protect many different things using PBR, such as food crops that are drought or disease resistant or produce higher yields, or beautiful new ornamental plants for our homes.

Since plant variety protection first became available in Australia in the late 1980s, over half of the 10,000 PBR applications (and counting) have been from the nursery, cut flowers and turf sectors. Many different varieties of fruit, nut, vegetable and broadacre crops are also protected using PBR. A little over half of all applications have come from overseas applicants who want to commercialise their varieties in Australia.

IP Australia has set up a dedicated program to research the current landscape, challenges and opportunities for PBR, and make recommendations for future improvements.

Over the last few months, they have had over 100 conversations with people about their experiences with PBR, including across different parts of the greenlife industry.

They have also partnered with Swinburne University of Technology to produce new economic studies about the role and impact of PBR on the nation’s economy. As an example, their modelling estimates that the net present value of new plant varieties in Australia is $1.5 billion each year!

The evidence IP Australia collects will help inform any future reforms of the PBR system and other important initiatives, like public education and awareness. This includes reaching people who may want to protect their new varieties in the future, and others who may purchase, license, grow, or otherwise work with PBR varieties.

IP Australia recently published a whole suite of PBR reports, illustrations, and videos based on their research so far:

• Read the insights report for a summary of the conversations  had so far (or begin with this overview).  
• Read the in-depth economic research report about the economic impact of PBR in Australia (or begin with the overview).
• Hear from wheat and almond industry representatives in video case studies about the role PBR plays for them.
• Watch IP Australia’s Director General present at the 2022 Australasian Plant Breeding Conference.

All of these, and more information about the next steps, are available online through IP Australia’s website.

Have a look, let IP Australia know what you think, and get involved where you can in the future of PBR in Australia! IP Australia is also always available to answer all your PBR related questions, so if there’s anything you’d like to understand more, get into contact.