About IP
Plant Breeders' Rights
Infringment
Holders of provisional or full PBRs should use the PBR logo and appropriate warning wording on labels.
Once registered, you should monitor the market for infringers. If you believe your PBRs are being infringed, you are entitled to assert your rights.
Asserting your rights is a highly specialised legal area. It’s possible that infringement is deliberate, but often it’s inadvertent.
While litigation is an option, a satisfactory outcome may be achieved by other, more cost-effective means. For example, a letter of warning to the infringer may be all that is required to stop an infringement. Or, the negotiation of a licence may be a beneficial outcome.
If accused of infringing another person’s PBRs, professional advice should be sought about various options available. It is quite possible there is no infringement, or that a negotiated settlement can be reached.
