Plant Breeders’ Rights is right available to owners of plant varieties that allow owners to achieve a commercial return from the use of their variety by others.  The first Act providing this right was enacted in 1987 under the title Plant Variety Rights Act 1987.  This was replaced by a new Act, the Plant Breeders’ Rights Act in 1994.

Plant Breeders Rights’ allow the owner of the right to control access to their variety.  Access is granted in return for agreement by the user to meet financial returns set by the breeders.  Rights to a crop variety can be granted for a maximum of 20 years (25 years for trees and vines).  It is illegal for a person to undertake the following actions with a PBR protected variety without being licensed to do so by the owner:-

• Produce or reproduce the variety;
• Condition the variety for the purposes of propagation;
• Sell the variety or produce from the variety;
• Import the variety; or
• Export the variety or produce from the variety.

In the case of grain crops, generally in Australia grower of the variety are licensed to use the variety in return for payment of a royalty on production.  This royalty is commonly described as an end-point royalty.  Growers are required to pay a royalty on each year’s production.

Under the provisions of the PBR Act, growers are entitled to retain seed for sowing a subsequent crop, but their obligation to pay a royalty on grain produced from such retained seed continues.