Plant Breeder's Rights - University of Queensland independent research reports

Overview

From 21 December 2022 to 14 April 2023, IP Australia sought stakeholder’s views on six independent reports from the University of Queensland (UQ) on the plant breeder’s rights (PBR) system. 

The reports explored the following issues: 

1. Information Notice Scheme  

2. Exhaustion of PBR  

3. Harvested material  

4. Labelling requirements  

5. Plant variety names and synonyms  

6. Essentially derived varieties (EDVs) 

IP Australia is currently considering the recommendations made by UQ alongside the feedback sought through this consultation. The Government has not taken any decision on possible PBR reform. 

Overall, there was broad support for the recommendations made by UQ, including the introduction of an Information Notice Scheme and labelling requirements.  

Some submitters raised concerns about the interaction with PBR variety names and the trade mark system and aligning to the UPOV convention. There was mixed feedback about ‘harvested material’ that is also ‘propagating material’ being considered ‘propagating material’. 

Stakeholders noted Australia’s current EDV interpretation is challenging due to the narrow definition and did not agree with the recommendation to continue the current Australian approach. 

What happens next

All issues raised will be considered in further policy development and, subject to Government approval, IP Australia intends to consult widely on any proposed changes to the PBR system.