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Plant IP protection in Australia: Patent, plant breeder's rights, or both?

The Australian agricultural industry is technology intensive, and new plant varieties developed in Australia or overseas are adopted quickly to meet yield, market, disease and climatic demands.

Importantly, in Australia, plant varieties, including genetically modified plants, can be protected under both the Australian Plant Breeder's Rights Act 1994 (the “PBR Act”) and the Australian Patents Act 1990. By applying for protection under both systems, breeders can gain an extra layer of protection for their variety. In addition, protection under one system does not prevent a breeder from obtaining protection for their variety under the other.

Lexology provides an overview of the two systems and the requirements for registration.