b'HOW CANADAS HORTICULTURE INDUSTRY IS LEADING THE WAY IN IP PROTECTIONStronger intellectual property rights will help reshape the sector and could have benefits for seed developers down the road.Marc ZienkiewiczFOR YEARS, Canadas seed and plant breeding industries have grappled with intellectual property (IP) rights, innova-tion access, and the balance between public and private sector involvement. But in the world of ornamentals, vegetable crops and smaller breeding industriesoften cooperative-owned and heavily reliant on foreign geneticsthe conversation has been markedly diff erent.So much so that Canadas Plant Breeders Rights (PBR) Office has issued its What We Heard report on proposed amendments to the PBR regulations that aff ect horticultural crops. The suggested changes aim to drive greater investments and innovation across Canadas the horticultural and ornamen-tal sectors. Last year, Canadas PBR Office stainvited Seeds Canada staalong There doesnt tend to be the same level of controversy overfor a day at Quebecs Sollio Agriculture conducting examinations on stronger IP rights in these crop kinds as we see in other areasnew soybean varieties. PBR Office Commissioner Anthony Parker (left) and Examiner Rene Cloutier (second from right) were pleased to of agriculture, like seed, says Anthony Parker, commissionerhave Melanie Reekie and Roy Van Wyk of Seeds Canada join them to of the PBR Office. Growers in these sectors know they needobserve how they conduct Distinctness, Uniformity and Stability (DUS) access to innovation, and theyre often left without the publicexaminations. funding that crops like cereals and pulses receive. They have to be entrepreneurial and fi nd ways to make it work. \x1f\x1e% of respondents supported When the proposal for stronger IP rights in these sectors surfaced, the response was overwhelmingly positive90%90% stronger IP rights during the of respondents supported the changes. The key takeaway?CFIAs recent consultation.Industries operating outside the traditional grain and oilseed sectors recognize that they need a more robust policy environ-ment to foster competition, innovation and sustainable growth. PBR applications by excluding advertisements, aligning with international standards and improving access to new varieties. What is the PBR Office Proposing?There was unanimous support for a reduced UPOVThe PBR Office, operating under the Canadian FoodPRISMA fi ling fee to encourage electronic applications, stream-Inspection Agency (CFIA), aims to clarify that farmers privi- lining the PBR process.lege does not extend to saving and reusing propagating materialThe amendment proposed for potatoes, asparagus andof PBR-protected horticultural, ornamental and hybrid cropwoody plants has previously been applied to other crops, like varieties. The majority of horticulture and ornamental growers,fruit. Erin Wallich, in her role as an intellectual property man-seed sector representatives and international groups supportager for British Columbias Summerland Varieties Corporation the amendment, arguing it would strengthen IP protections,(SVC), helps to safeguard and commercialize sweet cherry encourage innovation, and align Canada with jurisdictions likevarieties. the U.S. and EU. Parker emphasizes that non-PBR-protectedSVC plans to introduce new sweet cherry varieties under varieties remain widely available, and existing exemptions stillUPOV 91, capitalizing on amendments to Canadas Plant allow breeders and small-scale growers to use PBR-protectedBreeders Rights Act that were made in 2015, which is seen as a varieties for research and breeding.boon to the B.C. cherry industry.The majority of respondents supported CFIAs proposal toThe extension of rights to 25 years under UPOV 91 greatly extend the PBR protection period for potatoes, asparagus andbenefi ts sweet cherry breeders and growers, considering that it woody plants from 20 to 25 years, citing the lengthy breedingtakes more than 30 years to develop, evaluate and commercial-process and need for a competitive edge internationally. Mostize new cherry varieties, Wallich told Seed World Canada in respondents also favoured narrowing the defi nition of sale for2023.28 SEEDWORLD.COM/CANADA MARCH 2025'