IP Australia has granted Plant Breeders Rights (PBR) for all of AEXCO oat hay varieties.

PBR was introduced to stimulate investment in plant breeding by conferring ownership rights to varieties and thereby the potential to market those rights as part of a commercialization process. The PBR Amendment Act of 2002 gives an owner of PBR the right to sell, produce, reproduce, import, export, stock and condition the seed of a variety protected by PBR (or license another person or organization to undertake these activities).

The rights are similar to patents or copyright (they record the ownership of the genetic material) and are administered under the Act. PBR Protection can last up to 20 years for broadacre crops.

PBR guarantee ownership of a variety but do not specify how the variety should be commercialized or whether or where royalties should be applied or charged.

Key Points

• Seed of varieties with PBR protection can only be bought from the owner, commercial partner/licensee or an agent authorized by the owner.
• Growers cannot sell, trade or give away the variety, for seed unless authorized by AEXCO.
• If growers are unsure of any PBR issues or marketing arrangements they should seek information from AEXCO or its authorized seed distributors.