Lots of stuff

Terry Bertozzi - 229112 (swtftyb@hydrus.pi.sa.gov.au)
Mon, 02 May 1994 14:10:30 +0930 (CST)

Hi all,

Sorry if you've been expecting replies etc, I've been on holiday for a week
and so I'll try to get all my correspondence done at once. Here goes....

Thanks I got the seeds today, much appreciated.

I have received the photocopies. They look great.

Surface mail will be fine for Danser. In fact I get a nematology journal
from the states which normally comes in 2 or 3 months after it is
posted :( I can't remember what we organised for reimbursement. Name your

O.K. Now to deal with this PVR issue...

I think wires are getting crossed. Mr Tilbrooke is really jumping the gun
as the descriptions haven't been published yet and so we don't know what
is being "patented". I also think the `All Red'VFT is being misunderstood.
I take it to include the petioles but I could be really wrong. How the
plant photosynthesize? Again I can't be sure until the description is
published. Thirdly, aren't all VFT's totally red on the inside of the trap
if you put them in bright light?

For those of you that don't get the Australian Carnivorous Plant Society
Bulletin, subscribe NOW!!! Sorry, vested interest, now back to the plot
Here is the article that I submitted regarding PVR. All of the legal hoo-ha
is taken directly from the act.

The Concept of Plant Variety Rights

The concept of plant variety rights (PVR) is an extension of ownership of
invention principle which underlies patent and copyright legislation.
However, it differs from patent rights in that right is conferred only on the
end product and not the process by which it has been produced. The
regulations concerning PVR are governed by the "Plant Variety Rights Act
1987" and the "Plant Variety Rights Regulations". PVR gives the grantee or
anyone the grantee licenses:

(1) the exclusive right to sell plants or reproductive material of
that variety;
(2) the exclusive right to produce plants or reproductive material
of that variety for sale; and
(3) the exclusive right to produce asexually, plants or
reproductive material of that variety for the commercial
production of the fruit, flowers or any other product of that

In the context of the act, "sell" includes hiring and exchange by way of

For a plant variety to be eligible for PVR, it must have been originated by
a person and not merely discovered and it must be genetically distinct from
other known varieties, uniform in population and stable over repeated
generations. PVR will not be granted however, if there has been a sale of a
plant or reproductive material of that variety by, or with the consent of, the
breeder and the sale has taken place in Australia before the application has
been made or the sale took place in another country earlier than 6 years
before the application was made.

When an application is made, a description of the new variety must be
published. Once descriptions are finalised and published in the "Plant
Varieties Journal", there is a six month period for comment or formal
objection. However, lodging a formal objection will cost $200.

Plant variety rights are valid for 20 years, commencing on the day on
which the application was accepted. However, even though PVR exist, any
person may propagate, grow and use plants of that variety for purposes
other than commercial purposes. This includes the right to sell plants, parts
of plants or seed for purposes such as food, fuel or construction material. A
registered variety may also be used freely for research purposes.


Cheers Terry bertozzi.terry@pi.sa.gov.au


Cheers Terry bertozzi.terry@pi.sa.gov.au