Application for registration must be made to the Plant Varieties Office of the Department of Primary Industries and Energy. Registration provides exclusive rights to the sale and asexual reproduction of the plant variety for up to 20 years. In order to obtain valid rights, there must be no sale of the plant variety in Australia prior to applying for Plant Variety Rights. Plant breeders should note that many new plant varieties can also be protected by Patents, and that the two forms of legislation provide different advantages.
Protection is automatic and there is no requirement to apply for registration.
Protection extends to unauthorised copying or unauthorised commercial use of the integrated circuits or layout. The period of protection is 10 years from making the layout or 10 years from commercial exploitation of the layout if the commercial exploitation is made in the initial 10 years.