Research for IP Australia found that among commercially-ready varieties, 96% of those protected by PBR have been commercialised compared to 74% without such protections.
In recent years, PBR filings have been affected because of bushfires and severe drought.
However, in 2023, applications for plant breeder’s rights grew by 59%, marking their highest level in a decade.
To improve plant varieties, many industries rely on germplasm, or living material, brought into Australia from foreign sources. The PBR system helps facilitate this transfer of varieties into Australia, and protects the investments often needed to adapt varieties to Australia’s unique environment.
What are plant breeder's rights?
Plant breeder’s rights (PBRs) provide legal protection for new plant varieties to encourage private investment in plant breeding and commercialisation. To be eligible for protection, a plant variety must be clearly identifiable and distinguishable from other varieties, uniform and stable upon propagation.
PBRs grant their owners an exclusive right to commercialise their new varieties for up to 25 years. They enhance their rights owners’ ability to collect royalties in directing the production, sale and distribution of varieties, to increase investment in research, development and commercialisation.
Figure 6.1 PBR applications and registrations in Australia, 2012 to 2023
Figure 6.2 Top 5 plant varieties for volume of PBR filings in 2023, and high-volume varieties with the greatest relative growth and decline in 2023
The PBR Reform Program
In late 2021 IP Australia set up a dedicated program to explore Australia’s plant breeding ecosystem and the role of PBR. We published some initial research findings in 2022 and have since published further reports and findings, all available on our website. Read the reports and what we learnt from the research.
We have continued researching the landscape, challenges and opportunities associated with PBR, including through economic studies, qualitative research interviews and series of workshops with stakeholders. As of March 2024, the research Program is winding down, but the PBR reform agenda remains a priority for IP Australia. The research findings are feeding directly into IP Australia’s explorations of policy reform and ongoing work to improve IT systems, administrative processes, information and education materials, and forms/paperwork.
Economic research is a cornerstone of this program’s work to ensure that the PBR system is fit-for-purpose, supporting plant breeding industries and connecting with the government’s priorities for agriculture and growth.
In 2023, in partnership with the Centre for Transformative Innovation (CTI) at Swinburne University of Technology, we published the most comprehensive research survey yet undertaken with Australian applicants and agents that use the PBR system (the CTI study). The survey received 130 responses, representing 37% of the estimated population of 350 active Australian PBR-using organisations. Read more about the survey.
We have published this report alongside the earlier economic impact analysis providing estimates of the PBR system’s contribution to the Australian economy. Thank you to all stakeholders who have participated in and engaged with our PBR research work over the last few years. We are looking forward to further engagement as the reform agenda continues to evolve.