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	AWB Limited - Plant Breeder's Rights Overview
		Plant Breeder's Rights (PBR), are a form of intellectual property, which are similar in application to patents or copyright.
		Plant Breeder's Rights give the holder exclusive marketing rights to a registered plant variety for a period of 20 years (or 25 years in the case of tree or vine species).
		The Plant Breeder's Right extends to the harvested material, or even the products derived from the harvested material if the PBR holder has not had an opportunity to exercise their rights to the propagating material (eg the propagating material is exported, multiplied or sold without the authorisation of the grant holder).
	www.awb.com.au /growers/awbseeds/plantbreedersrights (326 words)

	PLANT BREEDER'S RIGHTS ACT 1994
		PBR not to be granted in excluded varieties 43.
		PBR may be subject to conditions Division 2--Revocation of Plant Breeder's Right or declaration of essential derivation 50.
		Plant variety rights under old Act to be treated as PBR under this Act 83.
	www.austlii.edu.au /au/legis/cth/consol_act/pbra1994222 (367 words)

	Dáil Debates Official Report - 26-2-98
		The plant breeder's exemption is the cornerstone of the plant breeder's rights system in that a plant variety may be freely used to create other varieties by crossing of two varieties and selecting from their progeny a variety that will be better than the original.
		Under the community system breeders can obtain with one application complete protection throughout the European Union for their variety, but they are precluded from exercising national rights in respect of the same variety or from subsequently submitting applications to individual countries in the EU for a national grant of plant breeders' rights.
		The breeder's exemption is the cornerstone of the plant breeder's rights system, in that a plant variety may be freely used to create new varieties by crossing new varieties and selecting from their progeny a variety which is better than the original.
	www.irlgov.ie /debates/26feb98/sect2.htm (10428 words)

	Plant breeders' rights - Wikipedia, the free encyclopedia
		Plant breeders' rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant.
		These laws typically grant the plant breeder control of the seed of a new variety and the right to collect royalties for a number of years.
		Plant breeders' rights contain a wider array of exceptions than the general regime of patent law.
	en.wikipedia.org /wiki/Plant_breeders'_rights (983 words)

	Bowman Gilfillan John and Kernick - Plant Breeders Rights
		A plant breeder may not, therefore, obtain patent protection for a new variety of plant unless it is the product of a microbiological process.
		The holder of a plant breeder's right is granted exclusivity in respect of the production, sale or other form of marketing, import into and export from the Republic of South Africa of propagating material or harvested material of the protected variety.
		A description, in the prescribed technical questionnaire, of a typical plant of the variety concerned and of the procedure to be used for the maintenance and reproduction of the variety concerned.
	www.johnandkernick.co.za /PracticeAreas/PlantBreeders/Index.asp (1085 words)

	Learn more about Intellectual property in the online encyclopedia. (Site not responding. Last check: )
		These rights, conferred by law, can be given, sold, rented (called "licensing") and, in some countries, even mortgaged, in much the same way as physical property.
		However, intellectual property rights are used for the most part as a method of disallowing the public from utilizing the input that one has contributed to society, in exchange for personal profit.
		Though it is convenient for beneficiaries to regard intellectual rights as akin to "property", most items protected by IP law are not physical objects "ownable" in the traditional sense.
	www.onlineencyclopedia.org /i/in/intellectual_property.html (3720 words)

	Intellectual property
		Patents give the holder an exclusive right to use and license use of an invention for a certain period, typically 20 years from the filing date of a patent application.
		These rights, conferred by law, can be given, sold, rented (called " licensing ") and, in some countries, even mortgage d, in much the same way as physical property.
		However, the rights typically have limitations, sometimes including term limits and other exceptions (such as fair use for copyrighted works.) It is important to understand that it is the rights that are the property, and not the intellectual work they apply to.
	www.nebulasearch.com /encyclopedia/article/Intellectual_property.html (4055 words)

	Plant Breeder's Rights
		In all countries except the United States, plant variety protection is in the form of a Plant Breeder's Rights (PBR).
		To be eligible for a grant of PBR, a variety must be:
		Unlike an application for a U.S. Plant Patent (for which plants are not submitted for testing), the Plant Breeder' s Rights examination phase includes a one, or two, or three year period of comparative growth trials to confirm distinctness, uniformity and stability.
	www.planthaven.com /brrights.html (129 words)

	Articles - Canadian Proposed Amendments to Plant Breeder's Rights
		Plant Breeders’ Rights (PBR) are a form of intellectual property rights enabling breeders of new varieties of plants to have the exclusive right to produce and sell propagating material of their new plant varieties.
		The PBR Act would have to be amended to grant rights to at least meet the new minimums of twenty (20) years for all varieties except vines, forest trees, fruit trees, and ornamental trees, including their root stocks, which are allowed a minimum of twenty-five (25) years.
		Rights may be revoked under the 1978 Convention if the breeder was not able to provide: (1) a sample of reproductive material of the variety; or (2) proof that the variety is being maintained; or (3) the prescribed fees.
	www.thenhf.com /articles_81.htm (2990 words)

	Plant Breeder's Rights
		Plant Breeder's Rights are intellectual property rights given to a person who has developed a variety.
		Given the above definition of Plant Breeders Rights, ISF does not consider it possible to protect mere discoveries from resources of common knowledge and a fortiori genetic resources deposited in genebanks, as they are not distinct.
		Neither does ISF consider Plant Breeders Rights to be an appropriation of the genome of a species.
	www.worldseed.org /FAQ/FAQpbr.htm (168 words)

	Canadian Food Inspection Agency - Plant Production Division - Plant Breeders' Rights Office - A Guide to Plant ...
		Plant varieties, both sexually and asexually reproduced, may be covered under the legislation for a period of up to 18 years.
		Plant Breeders' Rights are granted for a period of up to 18 years, effective from the date of issue of the rights certificate.
		However, an assignment of a plant breeders' right is not considered valid by the PBRO unless it is registered by the assignee with the PBRO within 30 days after the assignment occurred.
	www.inspection.gc.ca /english/plaveg/pbrpov/guidee.shtml (5406 words)

	Bowman Gilfillan Attorneys \| Plant Breeders' Rights \| Provisional Protection \| Plant Breeders' Rights Act No. 15 of 1976
		A plant breeder may not, therefore, obtain patent protection for a new variety of plant unless it is the product of a microbiological process.
		The holder of a plant breeder's right is granted exclusivity in respect of the production, sale or other form of marketing, import into and export from the Republic of South Africa of propagating material or harvested material of the protected variety.
		A description, in the prescribed technical questionnaire, of a typical plant of the variety concerned and of the procedure to be used for the maintenance and reproduction of the variety concerned.
	www.bowman.co.za /PlantBreedersRights/Index.asp (1074 words)

	Canadian Food Inspection Agency - Plant Production Division - Plant Breeders' Rights Office - A Guide to Plant ...
		Plant varieties, both sexually and asexually reproduced, may be covered under the legislation for a period of up to 18 years.
		Plant Breeders' Rights are granted for a period of up to 18 years, effective from the date of issue of the rights certificate.
		However, an assignment of a plant breeders' right is not considered valid by the PBRO unless it is registered by the assignee with the PBRO within 30 days after the assignment occurred.
	inspection.gc.ca /english/plaveg/pbrpov/guidee.shtml (5406 words)

	GRAIN \| BRL \| The Plant Breeders Rights Bill
		The breeder of a variety or his successor in title shall be entitled to apply for protection under this Act.
		(1) The holder of a breeder’s right shall, throughout the period for which the right is exercisable, be under an obligation to make available, at the request of the Registrar, reasonable samples of the protected variety capable of producing plants which correspond to the characteristics defined for the variety when the right was granted.
		When a breeder’s right is granted, the holder of the right shall be entitled to equitable compensation for acts specified in Section 16 done during the period between the publication of the application for the grant of a breeder’s right and the grant of that right.
	www.grain.org /brl/?docid=688&lawid=2145 (4339 words)

	Phillips, Ormonde & Fitzpatrick - Plant Breeder's Rights (Site not responding. Last check: )
		A recently exploited variety is one that has been sold with the breeder's consent for up to 12 months in Australia, or up to 4 years abroad (6 years for trees and vines).
		Exceptions to the breeder's right are the use of the variety privately and for non-commercial purposes, for experimental purposes, and for breeding other plant varieties - irrespective of the existence of Plant Breeder's Rights in the variety.
		Provisional PBR protection is then granted to the variety at the close of Part 1.
	www.pof.com.au /plant_breeder_rights.php (335 words)

	Plant Breeder's Rights Act 1994
		Each Contracting Party shall provide measures designed to safeguard the interests of the breeder during the period between the filing or the publication of the application for the grant of a breeder's right and the grant of that right.
		Such measures shall have the effect that the holder of a breeder's right shall at least be entitled to equitable remuneration from any person who, during the said period, has carried out acts which, once the right is granted, require the breeder's authorization as provided in Article 14.
		If, by reason of a prior right, the use of the denomination of a variety is forbidden to a person who, in accordance with the provisions of paragraph (7), is obliged to use it, the authority shall require the breeder to submit another denomination for the variety.
	www.anbg.gov.au /breeders/plant-breeders-rights-act-2002-schedule.html (5700 words)

	Società Italiana Brevetti intellectual property consultants: Plant breeder's rights in Italy
		The plant breeder's right grants protection for the new plant variety in the entire Italian territory (for a total of roughly 324,000 square kilometers and about 57 million inhabitants) and in the State of San Marino, and may be recognized in the Vatican City.
		If, however, it is a first filing, the application for a breeder's right for a new plant variety can be the basis for a priority claim when applications are filed for the same variety in other countries party to the UPOV Convention.
		Breeder's rights are granted after the field trials, but exclusive rights can be enforced even pending the grant.
	www.sib.it /engsib/nov_veg/cer_itai.htm (628 words)

	GRDC - Ground Cover Issue 55 - Plant Breeding - A sport of nature: patent law and plant breeder's rights (Site not responding. Last check: )
		The legislation promotes plant innovation by granting the owner of a registered new variety the opportunity to exercise limited commercial rights regarding propagating material.
		However, plant and animal subject matter and the biological processes for their generation were excluded from the innovation patent system, due to concerns expressed by some industry sectors at the time.
		The council observed: "The main argument for maintaining the exclusion for plants is that the PBR exceptions for use are critical for the success of the system.
	www.grdc.com.au /growers/gc/gc55/plantbreeding.htm (852 words)

	INTELLECTUAL PROPERTY – UNDERSTANDING PLANT BREEDER’S RIGHTS
		The Plant Breeder's Rights scheme in Australia is administered under the Plant Breeder's Rights Act 1994.
		The nature of the right was discussed in Section 1.1 of this Guide; this section on the Regulatory Framework deals with the legal processes for applications, criteria for grant of PBR, and general operation of the system.
		The PBR Act was introduced to underpin the competitiveness and sustainability of Australian agriculture and performs an important function in relation to Australia’s Intellectual Property development: “the intent of the legislation, is fundamentally aimed at ensuring that plant breeders have an opportunity to gain reward for their innovation” (Explanatory Memo 2002).
	www.acipa.edu.au /PBR/3_1.html (276 words)

	ke005en (Site not responding. Last check: )
		-(1) The holder of plant breeder's rights has the obligation to stock the market with propagating material at reasonable prices and he may do this by himself or he may grant such licences as are necessary to stock the market with propagating material on reasonable terms and conditions.
		-(1) An applicant for the grant of plant breeder's rights shall, in his application, state whether he is also applying for a direction by the authorized officer under this Schedule in respect of the plant variety to which the application relates.
		-(1) If the plant variety was independently bred or discovered by two or more persons, the first of those persons who makes an application relating to that variety in the form prescribed for the purposes of this Schedule by regulations under section 24 shall be the person entitled to the grant of plant breeder's right.
	www.wipo.int /clea/docs_new/en/ke/ke005en.html (8771 words)

	Print
		As soon as an application for the grant of plant breederâs rights that includes an application for a protective direction is disposed of, whether by grant or refusal to grant those rights or otherwise, the protective direction lapses if it is in force at the time of that disposal.
		The grant of the plant breederâs rights respecting a plant variety is subject to any conditions related to its category that are prescribed for the purpose of requiring the holder of those rights to authorize, pursuant to paragraph 5(1)(d), the doing of an act described in paragraphs 5(1)(a) to (c).
		(1) Where a holder of plant breederâs rights, in the case of an individual, is not resident in Canada or, in the case of a corporation, does not have its registered office in Canada, the holder shall have an agent in respect of those rights who is resident in Canada.
	laws.justice.gc.ca /en/p-14.6/text.html (8140 words)

	ALCA - FTAA - ZLEA - IP/National Legislation - Canada - Plant Breeders' Rights Act
		(1) The varieties of plants in respect of which this Act provides for the granting of plant breeders' rights are restricted to varieties belonging to prescribed categories and found, pursuant to subsection 27(1), to be new varieties.
		(c) subject to any prescribed exemptions, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety outside Canada before the commencement of such period prior to the date described in paragraph (a) as is prescribed for the purposes of this paragraph.
		A person is only eligible to apply for the grant of plant breeder's rights if the person is a citizen of, or is resident or has a registered office in, Canada or a country of the Union or an agreement country.
	www.ftaa-alca.org /intprop/natleg/canada/eng/LPVeB.asp (2026 words)

	Plant Breeder’s Rights Act 1994
		PBR, in respect of a plant variety registered in another contracting party, means a plant breeder’s right corresponding to the right specified in section 11 conferred under the law of that contracting party.
		For the purposes of this Act, an organism may be treated as constituting a plant grouping within a single botanical taxon despite the fact that the genome of the plants in that plant grouping has been altered by the introduction of genetic material that is not from plants.
		PBR in the initial variety extends to the essentially derived variety from the day on which that declaration is made until the day on which PBR in the initial variety ends.
	www.anbg.gov.au /breeders/plant-breeders-rights-act-2002-part-1.html (10506 words)

	Dept. of Agronomy & Natural Resources
		The main tasks are to improve and supervise the quality of seeds (both import and export), to assure the purity of cultivars grown in Israel, and to broaden the genetic basis of the agricultural crops in Israel.
		The main activity of this unit is to test new plant introductions of agricultural crops for cultivation in Israel.
		The official examination of new plant material and the registration of varieties according to the breeder's rights regulations are also part of the department activities.
	www.agri.gov.il /Depts/GeneticRes.html (403 words)

	Algemeen Octrooi- en Merkenbureau
		Plant breeder’s rights allow you as a plant breeder to protect your cultivation material, such as cuttings, flower bulbs and seeds of certain varieties.
		That way you can prevent others from reaping the rewards of the efforts you have made to develop a new variety.
		Plant breeder’s rights are exclusive rights and are valid for a maximum period of 25 to 30 years.
	www.aomb.nl /en/main_menu/What_we_do/plant_breeders_rights?session=f42b619a8ddae96e2d5498941b27e518 (63 words)

	IP Australia : Plant Breeders Rights
		IP Australia is the Government organisation that administers the patents, trade marks, designs and plant breeder's rights system in Australia.
		Welcome to the official Australian site for Plant Breeder's Rights (PBR).Varieties protected by PBR may only be produced for sale, sold, imported, exported or conditioned with the authority of the owner.
		As part of a comprehensive review of PBR forms, several are now available in fillable WORD format and can be completed electronically and saved.
	www.ipaustralia.gov.au /pbr/index.shtml (243 words)

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