Plant Breeder's Rights : Protecting the sugar industry's investment in varietal development

Plant Breeders' Rights (PBR) are the exclusive, commercial rights to registered varieties. A registered variety is one that has a breeder, is distinct, uniform and stable, and has not been exploited or has only recently been exploited commercially. The Plant Breeders' Rights scheme in Australia is administered under the Plant Breeders' Rights Act 1994. This Act conforms to the 1991 revision of the International Convention for the Protection of New Varieties of Plants (UPOV Convention) and replaces the Plant Variety Rights Act 1987, which has been repealed. In sugarcane, protection is granted for a minimum period of 20 years. Since 1995, BSES has been protecting all new varieties and cUITently 29 commercial sugarcane varieties and two unreleased varieties are protected. Eighteen of these have full rights (Grant Status) while the others have provisional protection. One CSR variety is also covered by PBR. All growers will have to grow PBR varieties under contract and a Licence Agreement has been developed. However, growers who contribute to BSES through the 'Service Agreement' will continue to receive PBR varieties bred by BSES royalty-free. Growers who choose not to sign the 'Service Agreement' will be charged a royalty for PBR varieties grown and delivered to a mill. Plant Breeder's Rights will ensure that industry ownership of Q varieties is maintained and that the industry's investment in the breeding program is appropriately protected.