Selected Seeds Pty Ltd v QBEMM Pty Limited & Ors

Selected Seeds Pty Ltd (the applicant) sought leave to appeal to the High Court of Australia against a decision of the Full Federal Court concerning a dispute over the ownership of intellectual property rights in a particular variety of wheat. The applicant alleged that QBEMM Pty Limited and others (the respondents) had infringed its rights by using and commercialising the wheat variety without authorisation. The core of the dispute revolved around the interpretation and application of the Plant Breeder's Rights Act 1994 (Cth) and the extent of the rights granted to plant breeders.

The High Court was required to determine whether the Full Federal Court had erred in its interpretation of the Plant Breeder's Rights Act 1994 (Cth), specifically concerning the scope of the exclusive rights granted to a registered plant breeder and the circumstances under which a third party's actions could constitute infringement. A key issue was whether the respondents' activities in relation to the wheat variety fell within the exclusive rights of the applicant, particularly in relation to the production and sale of propagating material.

The High Court granted leave to appeal and, in its judgment, clarified the operation of the Plant Breeder's Rights Act 1994 (Cth). The Court held that the Act grants exclusive rights to a plant breeder in relation to the production and sale of propagating material of the plant variety. It found that the respondents' actions in producing and selling seed of the wheat variety constituted an infringement of the applicant's exclusive rights. The Court emphasised that the purpose of the Act is to protect the investment and innovation of plant breeders, and its provisions should be interpreted to give effect to that purpose.

The High Court allowed the appeal, setting aside the decision of the Full Federal Court and remitting the matter to the Federal Court for determination of the appropriate remedies.