"China" wrote in message
...
It's my understanding that you can not patent plants in Aus., just the
name
for the variety or hybrid. Nurserymen have been complaining obout this for
years.

--
China
Wingham
NSW

Any new variety or hybrid is eligible for PBR protection, which gives the
marketing rights for the seed and plant to the breeder for 25 years. It's
not exactly a patent, but is as good as. (And heaps simpler and cheaper
than a true patent.) But there is no such protection available for the
actual crop produced once the seed or plant is sold.

So for example, I can develop a new variety of avocado and have exclusive
rights to sell the seed and trees, but if you plant and grow the seed/trees,
I cannot demand payment from you for your crop. Alas.

See http://www.ipaustralia.gov.au/ip/plantbreeders.shtml for a brief
outline.