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Farmer trading of malting barley varieties Baudin and Hamelin authorized in Western Australia
South Perth, Western Australia
April 7, 2006

Farmer to farmer trading of malting barley varieties Baudin and Hamelin is permitted in Western Australia despite the varieties being protected under Plant Breeders Rights (PBR).

Department of Agriculture and Food barley industry development officer Richard O’Donnell said some growers misunderstood the PBR and were not aware that Baudin and Hamelin seed was free to trade in Western Australia.

Mr O’Donnell said under PBR the seed licensee set the terms and conditions for the use of the varieties. 

“In Western Australia, the Grains Research and Development Corporation and the Department of Agriculture and Food are the seed licencees and have determined that Baudin seed can be traded from farmer-to-farmer in Western Australia,” Mr O’Donnell said.  

“However, in the Eastern States where the seed licence for Baudin is held by AWB Seeds, farmer-to-farmer trading is not permitted.

“Hamelin seed is free to trade in WA and has not been commercially released in other States.”

Mr O’Donnell said Hamelin and Baudin were subject to crop improvement royalties (CIR), otherwise known as end point royalties, for every tonne of grain produced and sold by growers.

In Western Australia, Baudin and Hamelin are subject to a $3/ tonne CIR for grain delivered for malting and $1/ tonne for grain delivered as feed. 

Detailed information about Plant Breeders Rights and trading conditions of field crops in Western Australia is provided in the 2006 Crop Variety Sowing Guide available on-line at www.agric.wa.gov.au.
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