Plant Breeder’s Rights (PBRs) provide plant breeders with an exclusive right – typically lasting 20 years or 25 years for trees and vines – to produce, reproduce, sell, and license their new plant variety.
This protection gives breeders the opportunity to capitalise on their investment in research and development, while encouraging continued innovation in agriculture and horticulture.
Our team combines technical expertise in PBR law with commercial insight into the agricultural, horticultural and research sectors. We assist plant breeders, research organisations and growers with the full lifecycle of PBR protection – from strategy and application through to commercialisation, enforcement and dispute resolution.
We work with breeders and growers across Australia and internationally. For breeders, regular audits of contractual arrangements are essential to ensure your rights are current and aligned with your business objectives. For growers, understanding the terms and obligations under licence agreements or PBR conditions is critical to avoid inadvertent infringement.
We also regularly identify, engage, and work closely with experienced Qualified Persons (QPs) to support the PBR application process. QPs assist with the design, establishment or assessment of growing out trials in Australia or carried out overseas and play a key role in demonstrating that a variety meets the Distinctness, Uniformity and Stability (DUS) requirements.
Whether you are seeking to secure new PBR protection, enforce existing rights, or assess complementary IP options such as patents or trade marks, our team has the curiosity, care and expertise to guide you.
Our Plant Breeder’s Rights Services
PBR strategy and protection
Advising on protection options in Australia and internationally.
Application filing and prosecution
Managing PBR applications, including DUS testing requirements and correspondence with IP Australia.
Strategic commercialisation advice
Advice and assistance in relation to the commercialisation of PBR varieties in Australia and internationally, including in relation to licensing, royalty structures, distribution models, as well as marketing, packing and logistics.
Contract drafting, review and negotiation
Covering the full life cycle of your project, including early-stage NDAs, licensing and distribution agreements, and other PBR-related agreements.
Portfolio management and audits
Reviewing agreements and PBR portfolios to ensure ongoing compliance and commercial value.
Pre-grant objections and revocation
Preparing or responding to objections and managing revocation actions for existing PBRs.
Dispute resolution and enforcement
Advising on infringement, enforcement and defence of PBRs, as well as contractual disputes involving PBRs.
