5.9 Expiry of Plant Breeder's Rights

Also in this Chapter:

• 5.1 DUS Test Growing in Australia
• 5.2 Overseas DUS Test Reports
• 5.3 Detailed Variety Description
• 5.4 Public Comments

• 5.5 Withdrawals

• 5.6 Grant or Refusal

• 5.7 Revocation of PBR

• 5.8 Offer to Surrender

Key Legislation

Plant Breeder's Rights Act 1994:

• s22 Duration of PBR

Applications granted under the Plant Breeder’s Rights Act 1994 expire 20 years from the date of grant. Applications for trees and vines granted under the Act expire 25 years from the date of grant. Duration limits for granted PBR are set forth in s22 of the Act. 

Applications granted under the repealed Plant Variety Rights Act 1987 (PVR Act) expire 20 years from the date they were accepted in the scheme.

For essentially derived varieties (EDVs), PBR granted to the initial variety extends to the EDV from the day that the declaration of essential derivation is made until the day that the PBR of the initial variety expires.