What are the requirements to register PBR?
The requirements to register plant breeder's rights (PBR) are:
- there must be a breeder
- there must be a new plant variety, or the variety that you want to register must not have been sold in Australia for more than
- 12 months without the breeder's consent, or
- 4 years for overseas applicants (or 6 years for overseas applicants in relation to trees and vines) without the breeder's consent
- the new variety must be
- new and distinctive - that is, it must be different from a variety that is already available
- uniform - that is, its characteristics are present when propagated, and
- stable - that is, its characteristics remain the same in the course of a number of propagations
- the applicant must be the breeder, or a person who has acquired ownership rights from the breeder.