Applications for plant breeder’s rights in 2023 remained relatively stable for the second consecutive year. While there was a decline in applications for fruit crops, the first since 2019, this was countered by an increase in applications for ornamentals, marking the first increase in this class since 2019. Registrations also continued to grow steadily, following the resumption of field examinations halted by the COVID-19 pandemic.
For Australian plant breeders, use of plant breeder’s rights is linked to a higher likelihood that they’ll commercialise new varieties.
Research for IP Australia found that among commercially-ready varieties, 96% of those protected by PBR have been commercialised compared to 74% without such protections.
In recent years, PBR filings have been affected because of bushfires and severe drought.
However, in 2023, applications for plant breeder’s rights grew by 59%, marking their highest level in a decade.
To improve plant varieties, many industries rely on germplasm, or living material, brought into Australia from foreign sources. The PBR system helps facilitate this transfer of varieties into Australia, and protects the investments often needed to adapt varieties to Australia’s unique environment.
Research for IP Australia found that among commercially-ready varieties, 96% of those protected by PBR have been commercialised compared to 74% without such protections.
In recent years, PBR filings have been affected because of bushfires and severe drought.
However, in 2023, applications for plant breeder’s rights grew by 59%, marking their highest level in a decade.
To improve plant varieties, many industries rely on germplasm, or living material, brought into Australia from foreign sources. The PBR system helps facilitate this transfer of varieties into Australia, and protects the investments often needed to adapt varieties to Australia’s unique environment.
What are plant breeder's rights?
Plant breeder’s rights (PBRs) provide legal protection for new plant varieties to encourage private investment in plant breeding and commercialisation. To be eligible for protection, a plant variety must be clearly identifiable and distinguishable from other varieties, uniform and stable upon propagation.
PBRs grant their owners an exclusive right to commercialise their new varieties for up to 25 years. They enhance their rights owners’ ability to collect royalties in directing the production, sale and distribution of varieties, to increase investment in research, development and commercialisation.
PBR applications and registrations
In 2023, applications in Australia fell by 1.7%, from 301 in 2022 to 296 in 2023 (Figure 6.1). Resident filings increased significantly, by 22.9%, from 118 applications to 145. Non-resident filings fell by 17.5%, from 183 to 151.
Figure 6.1 PBR applications and registrations in Australia, 2012 to 2023
PBR registrations increased by 58.5% in 2023 – marking the highest level in a decade (see Figure 6.1). Registrations by residents more than doubled their level in 2022, rising from 72 to 155. Registrations by non-residents grew by 17.1%, from 111 to 135.
Though timeframes vary by plant type, the process of registering a PBR typically takes around 2.5 years. This is because the application must pass a substantive examination process and a comparative growing trial. The significant rise in registrations in 2023 may reflect the resumption of field examinations after the COVID-19 pandemic, when travel restrictions made growing trials harder to organise and attend.
In 2023 IP Australia introduced changes that have moved customers to progress their applications toward an outcome (e.g., grant or withdrawal) where the applicant was overdue in providing a detailed description of their plant variety. The change has likely contributed to the increase in registrations.
Plant varieties
Most PBR applications in 2023 were for ornamentals (29.9% of total filings), fruit crops (25.2%) and non-cereal field crops (14.6%), as shown in Figure 6.2.
Ornamentals saw a significant increase in filings in 2023 (+51.9% from their level in 2022). While filings in this class have declined in recent years, they saw the greatest share of applications in 7 of the past 10 years and a strong recovery in 2023. New ornamental varieties are predominantly developed by the nurseries sector. Often several plant generations can be produced within a short period and trialled quickly, efficiently and with less space and resources than is required for other plant types.1
Figure 6.2 Top 5 plant varieties for volume of PBR filings in 2023, and high-volume varieties with the greatest relative growth and decline in 2023
The PBR Reform Program
In late 2021 IP Australia set up a dedicated program to explore Australia’s plant breeding ecosystem and the role of PBR. We published some initial research findings in 2022 and have since published further reports and findings, all available on our website. Read the reports and what we learnt from the research.
We have continued researching the landscape, challenges and opportunities associated with PBR, including through economic studies, qualitative research interviews and series of workshops with stakeholders. As of March 2024, the research Program is winding down, but the PBR reform agenda remains a priority for IP Australia. The research findings are feeding directly into IP Australia’s explorations of policy reform and ongoing work to improve IT systems, administrative processes, information and education materials, and forms/paperwork.
Economic research is a cornerstone of this program’s work to ensure that the PBR system is fit-for-purpose, supporting plant breeding industries and connecting with the government’s priorities for agriculture and growth.
In 2023, in partnership with the Centre for Transformative Innovation (CTI) at Swinburne University of Technology, we published the most comprehensive research survey yet undertaken with Australian applicants and agents that use the PBR system (the CTI study). The survey received 130 responses, representing 37% of the estimated population of 350 active Australian PBR-using organisations. Read more about the survey.
We have published this report alongside the earlier economic impact analysis providing estimates of the PBR system’s contribution to the Australian economy. Thank you to all stakeholders who have participated in and engaged with our PBR research work over the last few years. We are looking forward to further engagement as the reform agenda continues to evolve.
Domestic PBR activity in Australia
Research for IP Australia has found a positive correlation between the use of PBR protection and the likelihood that a new plant variety will be commercialised: based on survey data, 96% of varieties protected by PBRs have been commercialised compared to 74% of commercial-ready varieties without PBR protection.2
The same research found that varieties protected in the last 5 years generated an average estimated revenue of $793,000. This is likely to be an underestimate, as 5 years in many cases will comprise only part of the variety’s commercial life. For more than a third of Australian organisations that use PBRs, revenue generated from plant breeding funds ongoing breeding activities.3
Recovery in domestic filings
For the past 4 years there has been year-on-year decline in the number of PBR applications filed by residents – by an average 8.9% between 2019 and 2022. The recent decline in resident filings is likely a result of economic losses from Australia’s devastating bushfires in 2019-20, and the severe droughts across Eastern Australia from 2017 to 2019.
In 2023, resident applications rebounded by 22.9% from their level in 2022, to 145. The resident share of applications increased by 10 percentage points, from 39.2% to 49.0% – the highest share since 2019.
International PBR activity in Australia
Many industries rely on foreign-sourced germplasm – living genetic material such as seeds, plants or plant parts – brought into Australia to improve plant varieties. PBRs help facilitate the international transfer of varieties into Australia and the local investments needed to adapt varieties for Australia’s environment.4
Volatile international filings
A total of 151 non-resident applications were filed in 2023, down by 17.5% from their level in 2022. As overall PBR application volumes in Australia are relatively small, they are volatile and strongly influenced by the behaviour of individual applicants. Nevertheless, the non-resident share of applications has consistently declined from 2018, calculated as a 5-year moving average.
Figure 6.3 Volume of PBR applications by domicile, 2014 to 2023
Locations of origin
The US is the leading location of origin for PBR filings in Australia, with 41 applications in 2023. The US has remained the lead origin over the past 10 years, with the exception of 2021 when the Netherlands led. In 2023, the US was followed by the Netherlands (31 applications), Switzerland (17), France (13), Denmark (8) and the United Kingdom (8).
Applications fell from the US (–25.5%), Switzerland (–10.5%) and France (–71.7%) in 2023. By contrast, filings from the Netherlands grew by 29.2%, those from Denmark increased seven-fold and UK filings doubled.
Figure 6.4 Leading locations of origin for PBR filings in 2023, and high-volume locations with the greatest relative growth or decline in 20235
Note: The top six locations are shown rather than the top five because the UK and Denmark were tied with in 5th place with both having eight applications.
Leading applicants
Domestic filers
The lead domestic filer in 2023 was Plant Growers Australia Pty Ltd, a wholesale production nursery based in Victoria. Their 26 applications were mainly in Ornamentals. The nursery was also the lead domestic filer in 2022, with 16 applications.
Second-ranked among domestic filers was Ozbreed Greenlife, with 15 applications in 2023. Ozbreed specialises in the breeding of landscape gardening plants. Third-ranked was Oz Pash Pty Ltd, a NSW-based fruit grower, with several applications for new varieties of passionfruit.
Figure 6.5 Top domestic and international applicants for PBRs in Australia, 2023
Note: There are 12 international applicants displayed due to four applicants being joint in 10th place.
International filers
Among international applicants, Syngenta Crop Protection AG led with 17 applications in 2023. Sygenta is a Switzerland-based agri-tech company owned by ChemChina, a Chinese state-owned enterprise.
The second ranked international applicant was Driscolls Inc, with 9 applications in 2023. Driscolls is a US producer of berries who re-entered the ranks of lead filers following absences over the previous two years.
Third-ranked was Knud Jepsen AS (8 applications), a Danish flower grower and genetics company, and the world's largest producer of Kalanchoe, a popular house plant.
- Hegarty, S., Thomson, R., & Webster, E. (2023). Understanding the economic impact of plant breeder’s rights in Australia. IP Australia, Commonwealth of Australia.
- Hegarty, S., Thomson, R., & Webster, E. (2023). Understanding the economic impact of plant breeder’s rights in Australia. IP Australia, Commonwealth of Australia.
- Hegarty, S., Thomson, R., & Webster, E. (2023). Understanding the economic impact of plant breeder’s rights in Australia. IP Australia, Commonwealth of Australia.
- Hegarty, S., Thomson, R. & Webster, E. (2022). The economic impact of plant breeder’s rights in Australia. IP Australia, Commonwealth of Australia.
- High volume locations are defined as those above the mean for total applications in 2023.