Stronger intellectual property rights will help reshape the sector and could have benefits for seed developers down the road.
For years, Canada’s seed and plant breeding industries have grappled with intellectual property (IP) rights, innovation access, and the balance between public and private sector involvement. But in the world of ornamentals, vegetable crops and smaller breeding industries — often cooperative-owned and heavily reliant on foreign genetics — the conversation has been markedly different.
So much so that Canada’s Plant Breeders’ Rights (PBR) Office has issued its “What We Heard” report on proposed amendments to the PBR regulations that affect horticultural crops. The suggested changes aim to drive greater investments and innovation across Canada’s the horticultural and ornamental sectors.
“There doesn’t tend to be the same level of controversy over stronger IP rights in these crop kinds as we see in other areas of agriculture, like seed,” says Anthony Parker, commissioner of the PBR Office. “Growers in these sectors know they need access to innovation, and they’re often left without the public funding that crops like cereals and pulses receive. They have to be entrepreneurial and find ways to make it work.”
When the proposal for stronger IP rights in these sectors surfaced, the response was overwhelmingly positive — 90% of respondents supported the changes. The key takeaway? Industries operating outside the traditional grain and oilseed sectors recognize that they need a more robust policy environment to foster competition, innovation and sustainable growth.
What is the PBR Office Proposing?
- The PBR Office, operating under the Canadian Food Inspection Agency (CFIA), aims to clarify that farmers’ privilege does not extend to saving and reusing propagating material of PBR-protected horticultural, ornamental and hybrid crop varieties. The majority of horticulture and ornamental growers, seed sector representatives and international groups support the amendment, arguing it would strengthen IP protections, encourage innovation, and align Canada with jurisdictions like the U.S. and EU. Parker emphasizes that non-PBR-protected varieties remain widely available, and existing exemptions still allow breeders and small-scale growers to use PBR-protected varieties for research and breeding.
- The majority of respondents supported CFIA’s proposal to extend the PBR protection period for potatoes, asparagus and woody plants from 20 to 25 years, citing the lengthy breeding process and need for a competitive edge internationally. Most respondents also favoured narrowing the definition of “sale” for PBR applications by excluding advertisements, aligning with international standards and improving access to new varieties.
- There was unanimous support for a reduced UPOV PRISMA filing fee to encourage electronic applications, streamlining the PBR process.
The amendment proposed for potatoes, asparagus and woody plants has previously been applied to other crops, like fruit. Erin Wallich, in her role as an intellectual property manager for British Columbia’s Summerland Varieties Corporation (SVC), helps to safeguard and commercialize sweet cherry varieties.
SVC plans to introduce new sweet cherry varieties under UPOV 91, capitalizing on amendments to Canada’s Plant Breeders’ Rights Act that were made in 2015, which is seen as a boon to the B.C. cherry industry.
“The extension of rights to 25 years under UPOV 91 greatly benefits sweet cherry breeders and growers, considering that it takes more than 30 years to develop, evaluate and commercialize new cherry varieties,” Wallich told Seed World Canada in 2023.
The Value Creation Debate Lives On
Despite the broad support for these IP changes, the consultation the CFIA undertook inevitably drifted toward value creation — a long-standing and contentious issue in the broader seed industry. While the recent consultations didn’t address value creation directly, some respondents made it clear: they want government to act. However, without consensus from Agriculture and Agri-Food Canada (AAFC), private breeders and farm organizations, the issue remains unresolved, Parker says.
“We stated up front that this consultation wasn’t about value creation,” he adds. “But we still got responses about it. There’s clearly a desire to move forward, but the industry needs to reach agreement first.”
PBR Advisory Committee Plays Crucial Role
One model that continues to be referenced in these discussions is the PBR Advisory Committee — a long-standing body that has successfully provided direction on plant breeding regulation in Canada. Established as early as 1991, the committee played a crucial role in helping the industry transition from UPOV 78 to UPOV 91, ensuring Canada remained competitive on the global stage. Following this shift, the committee was reestablished in 2015 and refreshed in 2022, now boasting 15 members selected through a competitive application process.
Unlike recent advisory body proposals from groups like Seeds Canada and the Canadian Seed Growers’ Association — which have struggled to gain traction — the PBR Advisory Committee has been an effective model for collaboration. So, what’s the secret?
“One big advantage is that the law mandates the existence of the committee. It has to exist,” Parker points out. “But beyond that, we take a pragmatic approach. We don’t overcomplicate things. We focus on balance, make sure everyone has a voice, and most importantly, we just get it done.”
The reality is that different sectors move at different speeds, Parker says. While value creation remains a complex challenge for Canada’s grain and oilseed industries, the horticulture and greenhouse sectors — representing a $4 billion annual industry — are already pushing forward with stronger IP protections.
“We shouldn’t let the slower speed of modernization in one sector stop progress in another,” Parker says. “Each sector should be able to move at its own pace.”
For the seed industry, the PBR Office and its way of making change serve as a proven example of how a well-structured advisory body can foster innovation and collaboration, according to Mel Reekie, manager of intellectual property programs for Seeds Canada. Ultimately, Reekie sees the role of the PBR Office only growing in importance.
“PBR is just getting more important as the industry advances,” she says. “What they do is going to become even more critical. We see the implications of that in the field — PBR Office staff are focused on details like distinctness and novelty. Their process is intense and thorough.”
At the end of the day, the PBR Office is the foundation upon which all IP protection in the seed sector is built, she says.
“We can’t operate in this space without the support of Anthony and his team,” Reekie says.
