b"A NEW REPORT SHOWS THE MOVE TO UPOV 91 WAS A SMART ONE Innovators are giving a thumbs-up to Canadas current intellectual property framework, but theres more to be done to make our country more competitive globally. Marc ZienkiewiczA NEW ECONOMIC analysis shows the clear benefits that ratify- insights have been lacking.ing UPOV 91 has had for Canadaincluding growth in the The purpose of the new PBR impact report is to examine number of Plant Breeders Rights (PBR) filings currently beingthe impact of strengthened IP protection since the 2015 amend-seen by the Canadian Food Inspection Agency (CFIA). ments to the PBR Act, assessing the benefits for plant breeders, The 2015 amendments to the PBR Act brought significantfarmers, and the overall agricultural sectors. This study builds changes to Canadas agriculture, horticulture and ornamentalupon the initial 10-Year Review of Canadas PBR Act (UPOV sectors. A new economic analysis recently released by the CFIA78-based) report published in 2002. reveals that these changes resulted in positive outcomes forThe findings are expected to offer valuable indicators and various crops, including increased production, yield, farm cashinsights for ongoing evaluation, shedding light on how breed-receipts and export value. ing entities leverage enhanced PBR IP protection. Furthermore, The report Assessing Impacts of the 2015 Legislativethe results may serve as evidence to support future regulatory Amendments to Canadas Plant Breeders Rights Act andamendments to Canadas PBR framework, Parker says.UPOV 91 Ratification shows a notable rise in the number of PBR applications after adopting UPOV 91, contrasting withFanfare for UPOV 91the previous declining trend under UPOV 78. According to the report, stakeholder feedbackgathered The findings of this report are overwhelmingly posi- through surveys and case studies conducted by JRG Consulting tive, says Anthony Parker, commissioner for the CFIAswith assistance from Peter Philips and Stuart Smyth and the Plant Breeders Rights Office. It's a testament to what can beVALGEN Grouplargely supported those amendments. achieved when we embrace change and seize opportunities. Most respondents acknowledged increased investment in plant PBR serves as a vital form of intellectual property (IP) pro- breeding and enhanced economic opportunities have been a tection, with a mission to incentivize and reward innovation indirect result of the move to UPOV 91. plant breeding. These rights, granted by national governments,However, stakeholders also highlighted areas for improve-encourage investment and foster new plant varieties, ultimatelyment. Some called for extended protection periods for varieties benefiting farmers and consumers alike.with longer breeding and adoption timelines. Others argued Unlike patents, PBR is exclusively reserved for new plantthat the farmers privilege should not apply to asexually varieties, accompanied by benefit-sharing provisions that strikepropagated varieties, like fruit trees and ornamentals. a balance between breeders and farmers. In addition, certain respondents in the grain sector empha-In Canada, PBR has been governed by the PBR Act sincesized the need for a value creation system to collect royalties 1990, offering protection across all plant species. In 2015,on farm-saved seed or harvested grain, ensuring fair benefits Canada took a significant step by amending its PBR Act tosharing and promoting investment, innovation, and economic align with the latest international agreement, the 1991 Actgrowth for both farmers and breeders.of the International Convention for the Protection of New Varieties of Plants (UPOV 91).Continued Growth in PBR ExaminationsWhile anecdotal evidence suggests that horticulturalParker highlights the record-high number of examinations and crop production sectors have reaped rewards from these since moving to UPOV 91conducted in Canadas changes, comprehensive quantitative data and sector-specificagricultural sector that the PBR Office is currently seeing, 8GERMINATION.CANOVEMBER 2023"