Canada Reviews Plant Breeders Right Law

OTTAWA - Nov 8/04 - SNS -- The Canadian Food Inspection Agency (CFIA) is inviting public comments on proposed amendments to the Plant Breeders' Rights Act.

A consultation discussion paper is available for review on the CFIA Web site at www.inspection.gc.ca/english/plaveg/pbrpov/pbrpove.shtml.

The CFIA explained, Plant Breeders' Rights (PBR) is a form of intellectual property rights that provides plant breeders with exclusive rights to produce and sell propagating material, e.g. seed, cuttings, etc., of their new plant varieties. Amendments to the PBR Act are necessary for Canada to ratify the 1991 Convention of the International Union for the Protection of New Varieties of Plants (UPOV).

Canada is one of 57 countries which are members of UPOV, including the United States, Australia, United Kingdom, Germany, the Netherlands and Japan. The PBR Act is administered in Canada by the CFIA.

The issues presented in the discussion paper include, among others:

- extending the minimum period of variety protection;

- extending rights to include cleaning, exporting and importing propagating material of a variety;

- allowing one year of sale of a variety prior to application;

- allowing commercial sales of a variety under interim protection while the application is pending; and

- exceptions to the breeders right (e.g. farmers' right to save seed for their own use, and the use of protected varieties for plant breeding and research).

All comments received during the 60-day consultation period will be reviewed and considered in assessing the feasibility of proceeding with amendments to the PBR Act.