The Plant Breeders Rights Act will protect certain plant varieties that are new, distinguishable, stable and homogeneous. A plant variety is defined as any cultivar, clone, breeding line or hybrid of a prescribed category of plant that can be cultivated.
Application is made to the Canadian Food Inspection Agency and must include the botanical and common names of the plant variety; the proposed denomination; a description of the plant variety; and the manner in which the plant variety was originated.
The applicant must also include a representative reference sample of viable propagating material of the plant variety. In addition, the application must be supported by the results of comparative tests and trials to demonstrate that the plant variety is a new variety; and photographs and a detailed description of the plant variety that clearly illustrate that the plant variety is clearly distinguishable.
The term of protection is eighteen years from the date of grant. During this time you have the exclusive right to sell and propagate for sale the plant variety.
You should be aware that there are time limits for applying for the granting of plant breeders rights.
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The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007
