b'EDV : WHY THEYSINCE 1936, Agriculture and Agri-Food Canada (AAFC) has S operated a successful sweet cherry breeding program in British Columbia, amassing a valuable germplasm collection. This pro-PLAY A CRUCIALgram has produced AAFC sweet cherry varieties that are now grown worldwide, with Summerland Varieties Corp. (SVC), owned by the British Columbia Fruit Growers Association, ROLE IN THEfacilitating their evaluation and commercialization.Erin Wallich, in her role as an intellectual property man-ager, helps to safeguard and commercialize the plant varieties PLANT BREEDERSmanaged by SVC. SVC plans to introduce new sweet cherry varieties under UPOV 91, capitalizing on amendments to Canadas Plant TOOLBOX Breeders Rights Act made in 2015, which is seen as a boon to the B.C. cherry industry. The collaboration between AAFC and SVC The move to UPOV 91 has been a game-changeraims to release sweet cherry for breeders in the horticulture space.varieties spanning the early to late season, catering to Marc Zienkiewicz market demands, according to Wallich.The extension of rights to 25 years under UPOV 91 greatly benefits sweet AWB_Germination-Nov2023.pdf 1 2023-09-28 9:53:42 AM cherry breeders and growers, considering that it takes more than 30 years to develop, evaluate and commercializeErin Wallich is an intellectual new cherry varieties, Wallichproperty manager for Summerland says.Varieties Corp., owned by the British Columbia Fruit Growers After PBR is granted, itAssociation.takes another six years before the newly planted cherry varieties yield fruit, allowing for a sustained IP royalty flow.Extending protection for fruit trees to 30 years would be welcomed in the sweet cherry sector, she says. C A significant legislative change under UPOV 91 is the M inclusion of essentially derived varieties (EDVs), which fur-Y ther enhances IP protection. EDVs are derived from existing protected varieties, yet the extent of derivation is often a subject CM of debate. In essence, the debate centres on whether minor or MY substantial changes to an initial protected variety should count CY as an EDV. CMY The argument against stringent EDV definitions often revolves around fostering innovation, particularly for small K startups. However, Wallich stresses that the absence of clear guidelines can lead to costly legal battles and uncertainty for both traditional and technology-driven breeders. A lack of clar-ity may ultimately hinder progress instead of fostering innova-tion. Of course, the argument has its nuances.Balancing protection and fostering innovation is crucial, especially in a rapidly advancing breeding landscape, Wallich says.Maintaining robust PBR laws is a common interest among breeders globally, regardless of breeding techniques, she adds. 12GERMINATION.CANOVEMBER 2023'