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Home >> Biotechnology /Genomics and Intellectual Property >> Intellectual Property Rights - IPRs for Plant Breeding >> Plant Variety Rights in Australia and Canada
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Plant Variety Rights in Australia and Canada
Among developed countries, Australia and Canada have only recently enacted PBR legislation. Both these countries have large Government financed plant breeding programmes, and therefore have relevance to the needs of India.

In Australia, the Plant Variety Act 1978 which conformed to the UPOV 1.978 Act was replaced by Plant Breeders' Rights Act 1994. Similarly, Patents Act 1952 was replaced by Patents Act 1990 and Patents (WTO Amendments) Act 1994. The rights conferred by the Plant Breeders' 'Rights Act 1994, as given in section 11 include the following: (i) produce or reproduce the material; (ii) condition the material for the purpose of propagation; (iii) offer the material for sale; (iv) sell the material; (v) import the material; (vi) export the material; and (vii) stock the material for purposes described in (i) to (vi). Section 16 of the Act allows the above acts done privately, for non-commercial purposes or for experimental purposes.

Section 17 allows farmers' privilege. Section 23 provides that the PBRs are exhausted after sale of seed, except when the sold seed is multiplied for commercial purpose. The PBRs are allowed for 25 years in case of trees and vines and for 20 years for any other variety. Section 19 of the Act requires that if the holder of PBR fails to supply the material of reasonable quality, at reasonable price, an appropriate person may be granted license to produce the material' and sell it (compulsory licensing). Compulsory licensing may not apply if the material has no 'direct use .as a consumer product.

 
 

 
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