Quantitative Assessment of Applications for Plant Breeder's Rights under the Plant Breeder's Rights Act 1994 (Cth) from 1994 to 2019

Abstract

This article reports on applications lodged under the Plant Breeder’s Rights Act 1994 (Cth) from 10 November 1994, when the legislation entered into force, until 24 September 2019. The analyses address applications, grants, terminations and expirations of Plant Breeder’s Rights (PBRs) according to the country of origin, plant form (trees, vines and others), plant groupings (amenity grasses and turfs, cereals, field crops, forage crops, fruit crops, fungi, ornamentals and vegetable crops), native plants and PBR duration. The main findings are that 5,141 PBRs have been granted, with approximately 210 new PBRs each year, Australian individuals, companies and other entities hold most granted PBRs and very few PBRs reach their full term. A closer analysis of cereals to demonstrate the methodology, and particularly Triticum aestivum (bread wheat), shows the transition from the public to private sector breeding, many PBR owners and each owner holding on average 4.5 PBRs suggesting a vibrant and competitive breeding sector for bread wheats.