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ARTICLE · 13 FEBRUARY 2015

Intellectual Property (IP) Rights for plants in Australia

The article is a brief overview of the requirements for patenting and obtaining PBR for new plant varieties in Australia.

AustraliaIntellectual Property

In Australia, new plant varieties can be protected by both Plant Breeder's Rights (PBR) and patents. The form of protection which is most appropriate for a given plant variety will require a consideration of the rights provided by each, and the requirements that must be met to obtain them.

Why protect plants in Australia

Agriculture is recognised by the Australian government as being one of the "five pillars" of the national economy. In 2013-14 Australian farm production was valued at just over $50 billion, with the largest contribution coming from wheat.1

The majority of Australia's agricultural output is exported. Our unique global position allows counter seasonal supply to northern hemisphere markets and our proximity to Asia enables us to capitalise on the market demands of the growing Asian middle class. Indeed, in response to growing demand from Asia, the Australian Government has set an ambitious goal of doubling Australia's agricultural output by 2030.2 S

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