CIOPORA Chronicle 2015

sharing provisions of UPOV’91.
Namely: the “breeders´ exemption”
which allows unrestricted access to
protected varieties for the purpose
of breeding other, new varieties;
the “researchers’ exemption”,
which provides unrestricted access
to protected varieties for experimentation
and scientific investigation;
and finally, the “private/noncommercial
exemption” which
permits the propagation of protected
varieties by home gardeners,
hobbyists, subsistence farmers, etc.
Canada has also elected to include
the optional “farmers’ privilege” in
the suite of amendments, explicitly
permitting farmers to continue
saving, conditioning (clean, treat,
etc.), and storing seeds of protected
plant varieties for replanting on
their own land.
Public consultations
The Government of Canada has a
strong tradition of consulting with
the impacted stakeholder community
before making changes to
the Intellectual Property framework
for protecting new plant
varieties. In fact, Canada’s original
decision to enact a PBR law, based
on UPOV’78, was the result of
strong support from farmers and
plant breeders alike. In 2004/05
the PBR Office conducted national
consultations on the possible adoption
of UPOV’91. The outcome
of these consultations was that
impacted stakeholders were in
favor of improving our Intellectual
Property framework. Since tabling
of Bill C-18, the Agricultural
Growth Act, in Parliament on
December 7 th , 2013, I had the personal
pleasure of conducting over
35 individual consultations with
various organizations representing
the agriculture, horticulture, and
ornamental sectors. These more
recent consultations reconfirmed
what we had observed almost a
decade earlier, that the stakeholder
community, both domestically and
internationally, strongly supported
Canada’s move towards ratifying
the UPOV’91 standard.
Endorsement of
the industry
In fact, a coalition of Canadian
farmer and value
chain organizations called
“Partners in Innovation”
(www.partnersininnovation.ca)
formed specifically to encourage
and support the federal government
in adopting UPOV’91. This organization
is comprised of a diverse
group of over 20 organizations,
representing producers of grains,
oilseeds, pulse crops, fruit crops,
potatoes, and flowers, encompassing
the vast majority of Canadian
agriculture and horticulture.
Overseas, organizations such as
the International Community of
Breeders of Asexually Reproduced
Ornamental and Fruit Varieties
(CIOPORA), the International Seed
Federation (ISF), and the International
Association of Horticulture
Producers (AIPH), have also
been strong and vocal proponents
Mum varieties
protected under
Canadian Plant
Breeders´ Rights.
Some plants
are reproduced
vegetatively
from plant
cuttings or
budwood. This
includes many
ornamental
plants, such
as roses and
spirea, and
most fruit, such
as apples and
strawberries.
of UPOV’91 amendments to
Canada’s PBR Act.
Beneficiaries
By amending its legislation,
Canada has listened and
responded to the needs of its
stakeholders and fulfilled a commitment
made in 1992 when
we became a signatory to the
UPOV’91 Convention. Updating
Canada’s PBR Act will stimulate
innovation in domestic plant
breeding and encourage foreign
breeders to release their varieties
into our marketplace. In fact,
the ink is barely dry on the law
and we have already witnessed
increased investments and new
partnerships form between Canadian
seed companies and foreign
breeders. In the end, Canadian
farmers and growers will be the
beneficiaries of these changes.
Securing access to a greater diversity
of high yielding and diseaseresistant
varieties will help
Canadian farmers meet market
demands and remain competitive
internationally. We are pleased
to have reached this important
milestone, and look forward to
continued collaboration with the
stakeholder community to fully
realize the advantages of moving
to UPOV’91. |||
About the author
Anthony Parker is Commissioner of the Canadian
Plant Breeders' Rights Office (PBRO) which is part
of the Canadian Food Inspection Agency (CFIA).
CFIA administers the Plant Breeders' Rights
Act (1990) and Regulations which provide legal
protection to new plant varieties.
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