The Australian <i>Plant Breeder's Rights Act 1994</i> (Cth) and how it is used for Australian native plants

Abstract With increasing interest in intellectual property relating to plants, it is timely to assess the use of Plant Breeder's Rights (PBRs) in Australia for native plants, with tens of thousands of native plants nearly all of which are endemic and many with known uses. A database of all applications received, accepted, granted and grants expired or withdrawn, refused and rejected for PBRs under the Australian Plant Breeder's Rights Act 1994 (Cth) from 10 November 1994 to 14 December 2022 was assessed including plants native to Australia. The analysis revealed: There are over 9500 applications and over 5180 granted, of which ~10 percent are for native plants; many PBR owners are Australian residents (~50%), but even more so for native plant PBRs (96%); few PBRs last the full term (average duration 6.6 years); and overwhelmingly PBRs of native plants are ornamentals (~92%). There is potential for breeding more native ornamentals, but particularly food crops and medicinal plants. This includes expanding commercial development by Australia's First Nations communities including enterprises based on their ‘Indigenous Knowledge’. Further research can help identify why PBRs are not used for breeding more varieties including native food and medicinal plants with potential taxa and uses assessed.