Certificate of Plant Breeder's Rights - Australian Government


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
  • stocking propagating material.

Service type


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)
  • have an acceptable name
  • pay the required fees.

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.


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


Fees Details for this service in table format.

Task Type Business Structure Amount Description
Apply Application All $345.00 Online application. Fees for 2022-23
Apply Application All $545.00 Physical application. Fees for 2022-23
Apply Licence All $345.00 Fees for 2022-23
Lodge Lodgement All -

Examination. Fees will vary depending on your circumstances. Please consult the Contact Officer for more information.

Other resources

Task Business Structure Resources
Comply All Plant Breeder's Rights Guide - PDF (Opens in new window)

Act(s) name

Plant Breeders Rights Act 1994 Australian Government

Regulation(s) name

Plant Breeders Rights Regulations 1994 Australian Government

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.