4.7.3 Breeding Process of the New Variety

Also in this Chapter:

• 4.7.1 Prima Face Case for Breeding of the New Variety

• 4.7.2 Prima Face Case for Distinctiveness of the New Variety

Key Legislation

Plant Breeder's Rights Act 1994:

• s5 Definition of breeding

   

International Union for the Protection of New Varieties of Plants (UPOV):

• TG/1/3 s4.2.1 General introduction to the examination of distinctness, uniformity and stability and the development of harmonized descriptions of new varieties of plants

On this Page

• Overview

• Breeding definitions

• Processes for breeding new varieties

• Methods usually accepted as breeding

Overview

This page will cover information about what breeding means and the processes that are commonly accepted as breeding. This information has been adapted from the Expert Panel on Breeding Report. 

Breeding definitions

Section 5 of the Plant Breeder's Rights Act 1994 defines breeding as discovery or selective propagation. The Expert Panel on Breeding Report gives further advice about what these words mean.

Discovery

• The word ‘discovery’ has its normal meaning.
   
• Discovery can happen more than once.
   
• Discovery doesn’t occur if the variety is commonly known.
   
• The discoverer is the person that first files for PBR protection (unless there is information saying otherwise). 
   

• The person can’t be a discoverer if someone else gives information of the plant’s existence to that person.

   

Selective propagation

• 'Selective propagation’ has its normal biological meaning.
   

• The scientific basis for assessing if selective propagation has happened is by comparing the candidate plant variety and the population/parent that it came from. The plant variety must demonstrate a clear difference in at least one characteristic.

   

• The applicant must provide evidence that the new variety has been selectively propagated by direct comparison with the source population.

   

• The applicant must provide a declaration specifying how the expression of characteristic(s) of the new variety clearly differs from its/their expression in the source population.

Note: If conclusive evidence is provided that challenges the applicant's claims of discovery and/or selective propagation, the applicant has the opportunity to address that evidence before protection of the variety is withdrawn or revoked.

Processes for breeding new varieties

Various processes have been used by breeders and their complexity is usually related to how domesticated a species is. However, very sophisticated techniques may be used regardless of a plant’s domesticated level.

Eligible breeding processes share three fundamental steps:

1. Amassing or locating plant material that is varied enough so its genetic variation can be identified. This could be through natural variation (e.g. spontaneous mutations) or through human intervention (e.g. genetic transformation, cross-pollination, induced mutations, etc.).

2. Selecting a plant or group of plants that have a set of desirable characteristics from within the source population.

3. Propagating the plant to change the expression of one or more characteristics between the source population and the new variety. This variety would also need to meet criteria for distinctness, uniformity and stability, and non-exploitation.

Methods usually accepted as breeding

The following methods are usually accepted as breeding:

(a) Discovering natural mutations

(b) Inducing artificial mutations

(c) Chance cross-pollination

(d) Deliberate cross-pollination

(e) Any combination of the above

Note: Breeding methods continue to change so it would be inappropriate to limit PBR eligibility to varieties developed by the list of known methods.