Certificate of Plant Breeder's Rights - Australian Government

Service summary

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.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

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.

Duration

Trees and vines: 25 years; Other species: 20 years.

Fees

 TypeDescription
ApplyApplication

Application fee: $345 (online). Other means: $445.

Licence

Annual fee: $345.

Application

Grant of Certificate: $345.

LodgeLodgement

Examination fee: $1610 (discounts available).

Other resources

Administering agency

Department of Industry, Innovation and Science
IP Australia
Patent and Plant Breeder's Rights Group

Act(s) name

Plant Breeders Rights Act 1994 (Australian Government)

Regulation(s) name

Plant Breeders Rights Regulations 1994 (Australian Government)

Contact details

Enquiries
Department of Industry, Innovation and Science
IP Australia
Patent and Plant Breeder's Rights Group


Operating address:
Discovery House
47 Bowes Street
Phillip
Australian Capital Territory 2606
Mailing address:
PO BOX 200
Woden, Australian Capital Territory 2606

Phone:

1300651010

Phone:

02 62832999

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

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