Industry Issues
Plant Breeders' Rights
Canada's Plant Breeders' Rights Act (PBR Act) came into force on August 1, 1990. The Plant Breeders' Rights Office provides the most up-to-date information on the granting of plant breeders' rights (PBR) for new, distinct, uniform and stable (DUS) varieties. This site has information on the Plant Breeders' Rights Act, regulations and applying for Plant Breeders' Rights. Visit the Plant Breeders' Rights Office to learn more.
What are Plant Breeders' Rights and are they different from royalties?
Yes, they are different, but they do relate to each other.
Seed royalties - like book or compact disc royalties - are one way breeding institutions get a return on their work. Royalties apply to most crop varieties sold in Canada. But sometimes, as when common seed is used, users don't pay. That's why Plant Breeders' Rights (PBR) were developed.
PBR legally empowers holders to prevent the unauthorized sale or use of a protected variety's seed. Think of it as patent protection. If you invent something but don't patent it, you have no protection under the law if someone copies your idea and profits from it. PBR is patent protection on crop varieties - if royalties owed are not paid, PBR allows the holders to go to court to collect.
Interestingly, you don't need PBR to collect royalties; but if you want the right to prosecute, you need PBR. Royalties and PBR ensure users pay for the technology they use.
Why do plant breeders charge royalties?
To ensure the development of new varieties. It takes time and money to develop a wheat that's resistant to fusarium, or a soybean with specific protein levels. Royalties ensure that plant breeders have the funds necessary to develop new varieties with the genetics and traits farmers want and markets need.
Part of every dollar spent on Certified seed is returned to research. Royalties are your guarantee of continued improved varieties.
Want to learn more about Plant Breeders' Rights?
Visit the Plant Breeders' Rights Office for information on the Plant Breeders' Rights Act, regulations and applying for Plant Breeders' Rights.
|
|
|
