The Evolution of a Workable Scheme for End Point Royalties for Plant Varieties

Abstract

Plants in Australia can be intellectual property protected by patents under the Patents Act 1990 (Cth) (Patents Act) and plant breeder's rights (PBR) according to the International Convention for the Protection of New Varieties of Plants (UPOV Convention) compliant with the Plant Breeder's Rights Act 1994 (Cth) (PBR Act). In dealing with the patent or PBR, the rights holder can collect royalties - these are an amount associated with the patent or PBR - as consideration to use the right, for the right to use the right, for information and knowledge about the patent or PBR, and the supply of assistance to exploit the patent or PBR.