You will require this certificate if you are the original breeder of a new variety of plant or if you are acquiring ownership rights from an original breeder.
This certificate will provide exclusive commercial rights to the new plant variety. It provides rights to exclude others from:
- Producing propagating material;
- Conditioning propagating material (including cleaning, coating, sorting, packaging and grading);
- Offering propagating material for sale;
- Importing and exporting propagating material; and
- Stocking propagating material.
Please consult the Contact Officer for more information.
A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.
To be eligible for this certificate you must:
- Be the original breeder or have acquired legal ownership;
- Demonstrate that the plant variety is new or recently exploited and is unique (distinct, uniform, stable); and
- Have an acceptable name; and
- Pay the required fees.
A recently exploited variety is one which had been sold with the breeder's consent in either:
- Australia not more than 12 months prior to lodging the application; or
- Another country not more than 6 years (trees and vines) or 4 years (all other species) that is a member of the International Union for the Protection of New Varieties of Plants.
In order to demonstrate that the plant is distinct, uniform and stable (DUS), you will be required to nominate an accredited Qualified Person (QP) as part of the application process. This person will be responsible for conducting a comparative growing trial in order to demonstrate the DUS of the plant.
Please consult the Contact Officer for more information regarding eligibility requirements.
Trees and vines: 25 years; Other species: 20 years.
Application fee: $345 (online). Other means: $445.
Annual fee: $345.
Grant of Certificate: $345.
Examination fee: $1610 (discounts available).
Department of Industry, Innovation and Science
Patent and Plant Breeder's Rights Group
Plant Breeders Rights Act 1994 (Australian Government)
Plant Breeders Rights Regulations 1994 (Australian Government)
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