business.gov.au

Certificate of Plant Breeder's Rights - Australian Government

Description

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:

  • reproduce or propagate the plant and plant material for commercial purposes or license its propagation
  • sell the plant material or license its sale
  • import and export the plant material
  • sell the right to another party.

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, your plant must:

  • be a product of a selective breeding process
  • be new or recently exploited
  • have an acceptable name (unique and not able to be confused with other variety names in spelling or when pronounced and not already in use as a trade mark)
  • meet the distinct, uniform and stable (DUS) criteria: clearly distinguishable from the most similar existing varieties and therefore, distinct from all varieties.

You are required to:

  • be the original breeder or have acquired legal ownership of the plant
  • nominate an accredited Qualified Person (QP) to conduct a growing trial in order to demonstrate the DUS of the plant.

Duration

Lasts up to 20 or 25 years, dependent on plant type (requires annual renewal)

Fees

Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $345.00

Online application. Fees for 2024-25
Apply Application All $545.00

Physical application. Fees for 2024-25
Apply Licence All $345.00

Fees for 2024-25

Approval time

From start to finish the process takes two and a half years. However, this may vary depending on the type of plant and how long the growing trial takes.

Administering agency

Department of Industry, Science and Resources

IP Australia

Patent and Plant Breeder's Rights Group

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.