Published: 8 November 2007

A team of UQ researchers are examining the new trend of patenting plant innovations and determining if it is the future for the Australian horticultural industry.

Professor Brad Sherman from the Australian Centre for Intellectual Property in Agriculture (ACIPA) within the TC Beirne School of Law will lead a team of researchers which will compare the use of patents in plant breeding with the protections offered by the Plant Breeders Rights Act in order to determine which is the best method to protect a plant innovation. They will also explore the potential impact of plant patents on the Australian horticulture industry.

Funded by Horticulture Australia Limited (HAL), the project came about from feedback received from ACIPA’s first project with HAL, “Maximising the Benefits of Intellectual Property for the Australian Horticultural Industry“. The outcomes of this project indicated that there is a desire for a greater understanding of the role of patents in protecting plant innovations.

Traditionally in Australia, plant breeders have been protected under the Plant Breeders Rights Act but a recent trend in other countries (in particular, North America and European countries) to patent a plant innovation has produced both negative and positive effects for the Australian Horticultural Industry.

Stephen Hubicki, Project Team member, said that his team is seeking to identify the possible consequences of the increasing use of patents for the Australian Horticultural Industry.

“In contrast to plant breeder’s rights, patents have to date had relatively little direct impact upon Australian rural industries”, he said.

“Given the greater scope of the rights conferred by the grant of a patent relative to other forms of intellectual property protection, a shift towards greater use of patents to protect plant and animal innovations has the potential to have a much greater impact upon farming communities than plant breeder’s rights have to date.”

In addition, HAL has granted a further $400,000 for ACIPA to take the outcomes from the first HAL project ‘Maximising the Benefits of Intellectual Property for the Australian Horticultural Industry’, and provide a series of educational and training seminars to the Australian horticultural industry as well as developing a IP Asset Management and Adoption plan and IP toolkit for HAL.

The project  will run over two and a half years and will aim to:

• optimise commercial outcomes by improving understanding amongst growers of their rights, responsibilities and obligations in relation to intellectual property, especially to plant breeder’s rights and trademarks;
• maximise the commercial potential of R&D outcomes by improving the understanding among HAL researchers of the purpose, value and operational management of IP;
• increase understanding within horticulture industries in Australia of the role that IP plays in the commercialisation and adoption of R&D; and
• assist HAL in achieving its Strategic Plan and Annual Operating Plan objectives by developing an IP toolkit and related in house training to HAL staff.

Horticulture Australia Limited works in partnership with the horticultural sector on strategic planning and developing and managing programs that address the needs of the industry, today and into the future.