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Update my IP right details
Once your plant breeder's right has been granted, you'll need to let us know if any details change.
How do I indicate that my variety is protected?
Once your PBR is granted, you'll need to indicate its status as a protected variety. You can do this by displaying the official PBR logo and the accompanying wording whenever its name appears.
Examples of the official PBR logo and symbol
PBR logo black
PBR logo colour
PBR symbol black
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PBR symbol colour
You'll need to display it:
- On labels and packets
- After entries in catalogues.
To make sure it's labelled correctly, we suggest following the industry labelling guidelines.
Why is labelling important?
Correct labels make it clear to others that your variety is protected. This reduces the chance of someone arguing they innocently infringed upon your rights because it wasn't made clear on labels and in catalogue entries.
It's illegal to say that your variety is protected by a PBR if it isn't. It's an offence under section 75(4) of the PBR Act to represent a non-PBR plant as a PBR protected plant.
How to label for test marketing pre-application
If you want to sell plant material for test marketing before you lodge your application, you'll need to label it accordingly. This includes showing the timeframe for the intended PBR application. You'll need to use the following text:
Eligibility of this plant as a registrable plant variety under Section 43(6) of the Plant Breeder's Rights Act 1994 will expire on <insert date>.
The nominated date can't be more than 12 months from the date of its first sale in Australia and not more than 4 years from the date of first sale overseas. For trees and for these vines —Actinidia (Kiwifruit), Bougainvillea, Campsis, Hedera and Vitis (grapevine) — the date can't be more than 6 years from the date of its first sale overseas.
Be aware that it's an offence under section 75(4) of the PBR Act to represent a non-PBR plant as a PBR protected plant.
Resources
You can download the PBR logo and the PBR symbol to use in your marketing materials. The files are provided as a zipped folder containing high resolution PDF, PNG and JPEG files, in both colour and black versions.
