Plant Breeders’ Rights

WHAT’S IT FOR?

If you’ve developed a new plant variety, you may want to register it. Plant Breeders’ Rights (PBR) gives you exclusive commercial rights for a registered plant variety, allowing you to produce, condition, sell, import and export, and stock the plant material. Registering a plant variety is a complex and technical process and it’s a good idea to have a lawyer help you through it.

WHAT’S INCLUDED?

We’ll apply to IP Australia to register your plant variety via Plant Breeders’ Rights.

This package includes:

• Initial consultation with a Sprintlaw lawyer to ensure you have all the information required to proceed with the application
• Part 1 – Applying to IP Australia
• Identifying an appropriate Qualified Person (QP) to assist growing trials
• Part 2 – If Part 1 is successful, and a growing trial has been completed with the assistance of a Qualified Person, then applying to IP Australia for full PBR protection (20-years for most plant species, and 25 years for vines and trees)

This package also includes complimentary monitoring of your PBR application up until registration. If there are any issues raised by IP Australia during the examination of your application, we will provide free consultation in relation to the issue and, if any substantial action is required, we may provide a fixed-fee quote.

Additional plant varieties cost $ 1400 + GST per variety.

Important notes about the Qualified Person:
When submitting Part 1, you will also need to submit a ‘Nomination of a Qualified Person’. This person will assist you in the growing trial between Part 1 and Part 2. A growing trial is used to determine whether your plant variety is distinct, uniform, stable, and qualifies for plant breeders’ rights.

This quote does not include the fees associated with hiring a Qualified Person. We will provide you with an additional quote to cover the costs of the Qualified Person.

Important notes about refunds:
If Part 1 is unsuccessful, we will refund the remaining government fees for Part 2 and the Certificate ($ 1955).