Streamlining and simplifying IP Regulation

Closes 2 Apr 2026

This service needs cookies enabled.

Plant Breeder's Rights

Proposals for streamlining and simplifying plant breeder’s rights law fall into two categories:

A: Proposals for reform (top of this page), where IP Australia seeks your views on an initial preferred solution.   

B. Issues for further investigation (further down this page), where IP Australia has not yet formed a view on a preferred approach.

We welcome your comments on both sections.

A. Proposals for reform

If stakeholders support a preferred solution, IP Australia intends to progress the reform at the next available opportunity, subject to Government priorities.

1. Do you agree with expressly allowing virtual marking of products protected by PBR (Proposal 9 in the paper)?

This proposal would enable PBR owners to more efficiently use virtual marks for their products to put the public on notice that they have IP rights. 

Page 13 of the consultation paper provides more information about Proposal 9.

2. Do you agree with introducing a grace period for PBR renewals fees (Proposal 10 in the paper)?

This proposal would introduce a 6-month grace period for PBR owners who forget to pay their annual renewal fee in time. 

Page 14 of the consultation paper provides more information about Proposal 10.

3. Do you agree with removing herbarium deposit requirements for PBR (Proposal 11 in the paper)?

This proposal would remove the mandatory herbarium deposit requirement for applicants applying for PBR over native plant varieties. 

Page 14 of the consultation paper provides more information about Proposal 11.

B. Issues for further investigation

This section sets out proposals where IP Australia does not have a preliminary view on a preferred solution. We seek your views on whether a problem exists, and if so, how it might be addressed.

After considering stakeholder comments, IP Australia may develop preferred solutions and, subject to government priorities, may progress these issues in a later round of productivity enhancing reforms (i.e. after the reforms identified above have been progressed).

1. Policy issue 5 seeks to clarify exhaustion in the PBR Act.

This issue looks at whether there is uncertainty in the industry around how exhaustion operates in the PBR Act.

Page 19 of the consultation paper provides more information about Policy issue 5.

2. Policy issue 6 seeks to clarify how rights apply where harvested material is also propagating material.

This issue looks at whether there is a need to amend the definition of propagating material under PBR legislation, so it extends to all harvested material capable of propagation.

Page 20 of the consultation paper provides more information about Policy issue 6.