Plant breeders' rights (PBR) are a form of intellectual property, somewhat similar to patents, that protect new plant varieties by offering plant breeders a limited monopoly on such new varieties.
Proposed amendments to the Plant Breeders' Rights Regulations have been published, expanding the scope of what can be protected, extending the duration some plant varieties can be protected, and facilitating better access to the PBR framework. Specifically, major amendments are directed to:
- narrowing the scope of farmers' privilege exemption, which provides farmers with the ability to save and reuse seed of a protected variety;
- extending the duration of protection for potatoes, asparagus, and woody plants; and
- relaxing certain filing requirements that may currently discourage PBR applications relating to electronic filing fees and advertisement as a factor in determining novelty.
The proposed amendments can be reviewed in full here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
