Protecting your turf with trade marks and plant breeder’s rights

Sir Walter is a variety of turf grass (Stenotaphrum secundatum) for which Buchanan Turf Supplies Pty Ltd (“Buchanan”)  was granted Plant Breeder’s Rights (PBR) in 1998.  The PBR is set to expire in 2018.  The case concerned a trade mark application by Buchanan for the word “SIR WALTER” in respect of goods and services in

Intellectual Property Rights for Plants in Australia and New Zealand

In Australia, new plant varieties can be protected by both Plant Breeder’s Rights (PBR) and patents. In New Zealand, new plant varieties can be protected by Plant Variety Rights (PVR) while plants per se can be protected by patents. The form of protection which is most appropriate will require a consideration of the rights provided