Is Your Variety Protected Under PBR?
Here’s What to Know if You’re a Producer/Grain Handler:
As of February 27, 2015, all new varieties submitted for PBR are protected under the new legislation. These varieties carry the PBR 91 symbol.
All varieties granted protection under the PBR prior to February 27, 2015 continue under the original Act. These varieties carry the original PBR symbol. (For additional information on PBR legislation visit PBRFacts.ca)
Here’s What to Know if You’re a Breeder:
Is a seed variety that you developed protected under Plant Breeders Rights? Anyone interested in protecting a new plant variety under Plant Breeders’ Rights must first apply for those rights from the Canadian Food Inspection Agency.
The owner of a variety will be granted a Plant Breeders’ Right if it can be demonstrated that the variety is:
How CPTA helps?
CPTA helps support seed innovation by monitoring the marketplace for infringements. CPTA provides access to advice and expertise in enforcing Plant Breeders Rights.
CPTA strives to coach for compliance and educates to inform.
CPTA has agreements with several service providers that allow CPTA members to access fee-for-service components for additional activities such as warning letters, secret shopper calls, case management or performance of legal actions. Contact Us to learn more about our services.
What is needed from the industry to support Intellectual Property Rights?
• Clear and transparent rights-granting processes that are harmonized with other regulatory requirements.
• Unauthorized use stopped quickly, completely and permanently; regardless of when the violation is discovered.
• A selection of ‘tools’ to protect innovation and any resulting value chains at critical control points.
• Encouragement of continuing innovation at all points along the value chain.
• Respect for IPR embodied in all government legislation and regulation.
• Adherence to a superior code of conduct in matters of IPR for developers, producers, handlers, processors and consumers.
• Demonstrated leadership in the execution of International commitments.
• Training for the industry on the proper use of, and respect for, contracts.
• The need to clarify and develop industry consensus on the use of bag licenses or shrink-wrap licenses within our industry.
• Encouragement of the use of certified seed, not only for improved traceability, but also to ensure returns to innovators.
• Market structures that reward innovation.