Labelling requirements under the Plant Breeder's Rights Act

Issue summary

While Plant Breeder's Rights (PBR) owners may label their varieties with the registered variety name or synonym there is no mandatory requirement to do so.

As a result, it may be difficult for third parties to determine from the PBR database or the labelling on the plant itself whether a particular plant they wish to propagate is PBR protected.

Improvements in mandatory labelling requirements may help third parties determine for certain if plants are PBR protected.

History

• On hold 4 September 2017
• Identified for action 24 June 2021
• Policy development 20 December 2022 

Comments

In 2022, IP Australia commissioned an independent research report from the University of Queensland (UQ) on labelling requirements. IP Australia is currently considering the recommendations made by UQ. The Government has not taken any decision on possible PBR reform. 
 
You can give us feedback on the recommendations via our consultation hub.