Review of systems for variety protection, and models for extracting value.

Qbloom Pty Ltd

  • Project code: PRJ-005395

  • Project stage: Closed

  • Project start date: Wednesday, March 31, 2010

  • Project completion date: Saturday, April 7, 2012

  • National Priority: NEPI-Incubate new and emerging plant industries, support breakthrough projects

Summary

Breeding programmes are supported by royalties payable on the purchase of plants, sale of flowers or production area. Ensuring that these royalties are paid requires complex legal contracts, often too complex or expensive for private breeding companies. This project attempts to simplify the issue by outlining the opportunities for variety protection and capture of royalties, and providing template contracts to reduce costs.

Program

New and Emerging Plant Industries

Research Organisation

Qbloom Pty Ltd

Objective Summary

Breeding programmes rely on protection of IP, and a reliable royalty stream on new varieties to finance future breeding initiatives. The complexities of IP protection for flower products that are exported to many countries, and the perception of the high costs involved discourages many plant breeders from seeking protection. This exposes new varieties to unauthorised, yet not illegal production, and a failure to secure any royalties.
This project aims to clarify the opportunities for IP protection and outline the real costs involved. In addition, the development of pro-forma contracts should significantly reduce legal associated costs. These measures aim to encourage breeding and protection of new Australian wildflower products.