Plant Breeder’s Rights

Process

There are effectively seven (7) components to the Australian Plant Breeder’s Rights (PBR) process to seek and maintain Intellectual Property (IP) protection of your plant variety within Australia:

Step 1 – Complete and submit the Part 1 application to Plant Breeder’s Rights Office (PBRO) to obtain provisional protection of your candidate (new) variety.

Step 2 – To establish and conduct the PBR field trial to measure for Distinctness, Uniformity and Stability (DUS) against Varieties of Common Knowledge (VCK’s) e.g. commercial varieties. A meeting is also to be held with the PBR Examiner who is to inspect the trial.

Step 3 – To compete all other necessary documentation to meet PBR requirements. This includes but not limited to the Part 2 detailed application, analysing the statistical data and entering information into IP Australia’s Interactive Variety Descriptor System (IVDS).

Step 4 – To provide all information, including comparator digital photos for inclusion within the Plant Varieties Journal (PVJ) which is published quarterly. A 6-month objection and comment period is in place once the online journal is published for PBR is granted. 

Step 5 – Provide IP Australia fees, which includes an examination fee (one off payment) and nominal annual PBR fee to maintain PBR.

Step 6 – To house and maintain your variety as part of your Genetic Resource Centre (GRC) requirements. This can be done in Australia’s Warm-Season Turf GRC.

To read more about the PBR process including the type of data collection gathered click here.

Current PBR Trials

The Cynodon dactylon x C. transvaalensis
(hybrid bermudagrass) variety for the Greenspace Turf Co-op.

Completed PBR Trials

The following table contains a list of warm-season turf varieties and other ornamental plant species ASTC’s Qualified Person (QP) has trialed and successfully registered for Plant Breeder’s Rights (PBR) in Australia since 2002.

A QP is an expert in a particular plant group, accredited by the Plant Breeder’s Rights Office at IP Australia to certify applications for PBR in Australia. QP’s can carry out all the necessary procedures, as listed above, to help breeder’s or organisations to provide evidence that their candidate variety is DUS. Please contact us today to find out more.

Common NameScientific Name Variety NameTotal
BuffalograssStenotaphrum secundatumTF01 (Limerick), Sir James and TBLL (Yates New Frontier)3
Green couchCynodon dactylonHatfield, Grand Prix, JT1 (Hardy Turf), TL1 (Mountain Green), Gully Gold, Winter Gem, Oz-E-Green (OZ TUFF), UQ-490, UQ-539 (Sciencia) and UQ-54510
Hybrid green couchC. dactylon x transvaalensisAGRD (AgriDark), P18 (MiniVerde), TifSport, MS-Supreme and TL2 (Novotek)5
LeucaenaLeucaena pallida x L. leucocephala sspBL-121
Marine couchSporobolus virginicus QLD-Coast1
Rhodes grassChloris gayanaKP41
Seashore paspalumPaspalum vaginatumSDX-1 (SeaDwarf), SI98 (Sea Isle Supreme), SeaIsle 1, Sea Isle 2000 and TFWA02 (Velvetene).5
WheatTriticum aestivumUQ01512, UQ01520, UQ015273
ZoysiaZoysia spp.Palisades, A-1 (Shadetuff), BA-305, BA-1894
Top