PBR Enforcement Options paper

ACIP has published an Options Paper arising from its Review of Enforcement of Plant Breeder's Rights ... 

The paper comes in at some 87 pages and is broken into 5 Parts plus some interesting appendices:

Part 1 summarises progress to date

Part II discusses issues arising in the review which go to Substantive Law (their italics)

Part III looks at Procedures including extension of the jurisdiction of the Federal Magistrates court

Part IV addresses Remedies 

Part V explores Sector-Generated Support including the use of greater education and awareness, central body/third party involvement, varietal ID and end point royalties, standardised contracts.

The paper itself identifies the following concerns in summary:

• Difficulties arise from the small and diffuse nature of infringements. 

• Current systems for collecting evidence of infringements are inadequate. 

• Current royalty collection processes are expensive and not well implemented. 

• Appropriate enforcement mechanisms and statutory rights need to be tailored to deal with different types of infringing behaviour (i.e. flagrant/wilful infringement and unintentional/inadvertent infringement). 

• A culture of non-compliance and a lack of understanding about the PBR system exists among plant variety users. 

• Significant uncertainty exists over the interpretation of parts of the PBR Act. 

and specific industry sector concerns with:

• The ‘farm saved seed’ exemption presents an obstacle to obtaining a sufficient return on investment in breeding (Agriculture). 

• Breeders of essentially derived varieties obtain an unfair share of the benefits of PBR protected varieties (Horticulture). 

• The Australian Customs Service lacks the necessary powers to seize imported illegally propagated cut flower varieties (Ornamental). 

• Breeders need to be able to begin infringement proceedings prior to grant of PBR (Horticultural). 

• PBR owners are unable to secure a fair return following their investment in a successful enforcement action. (Horticultural, legal fraternity and Government).   

Comments should be sent in by 18 July 2008.

Download from here (pdf).

Posted: Thursday - 26 June, 2008 at 05:44 PM         |

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