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The Evolution of a Workable Scheme for End Point Royalties for Plant Varieties

The seminar examined End Point Royalties (EPRs) in the context of plant varieties protected under the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The seminar concluded that, despite a series of legislative developments to enable EPRs, these have not been necessary and that the impetus has come from certain of the Primary Industries and Energy Research and Development Act 1989 (Cth) Research and Development Corporations (RDCs). The key elements for a successful EPR scheme appear to be, as a generalisation, educating growers about the benefits of EPRs, assigning unique grower identifiers, streamlining contractual arrangements, and providing science-based information to growers about the growing characteristics of the EPR-protected varieties.