Securing ownership of Intellectual Property (IP), be it in the form of Plant Breeder’s Rights, Patents or Trademarks, will allow Australian Horticulture to develop sustained competitive advantage in an increasingly globalised and commoditised market for horticultural produce.

The ability to develop differentiation for Australian produce is critical for Australia’s long term success in domestic and global markets. The commercial opportunities that can be obtained by securing IP Rights are a powerful tool for sustaining competitive advantage in the face of low cost and ‘me too’ competitors.

IP is best considered as an important and strategic business tool for protecting or accessing innovation, securing freedom to operate, and for obtaining and maintaining competitive advantage.

Intellectual Property (IP) is created whenever a person invests intellectual effort (including their knowledge and creativity) to create a new object.

IP is created in virtually every project that HAL conducts – IP exists in an agronomy fact sheet, an advertisement for macadamias, and disease resistant varieties of potatoes.

HAL is involved in the major categories of Intellectual Property (IP):

• COPYRIGHT: which subsists in any written, audio or video work which we create, or which is created for us by contractors.

• PATENTS: which can be used to protect novel, useful inventions.
 
• TRADEMARKS: which can be used to protect our trading image, and reputation.

• PLANT BREEDERS RIGHTS (PBR): which can be used to protect newly developed varieties of plants.

• DESIGNS: which can be used to protect the physical manifestations of technical innovations (eg machinery, tools, technical systems).

There are different rules for the protection, registration and use of these types of IP but, in general, these rights can be sold or licensed in order to generate a commercial return.

Another valuable use of IP Rights is the ability to exclude competitors from using your technology without permission.

Disclaimer

Information on this website relating to IP and other legal concepts is of a general nature only, and does not constitute legal advice. No person should rely on the contents of this website or attached documents without first obtaining advice from a qualified independent professional. Horticulture Australia Limited (HAL) recommends that you should seek independent legal advice from a qualified professional before taking any action as a result of information contained in this website. HAL will not be responsible in any way whatsoever to any person or corporation that relies on the contents of this website.