29 Jan 2021

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What are the steps involved in obtaining Plant Breeders’ Rights in Canada?

A demand for the variety is filed with Agriculture Canada. Agriculture Canada will then examine the variety and publish it in the Plant Varieties Journal resulting in a six month period for other parties to oppose the demand. Once accepted, Agriculture Canada will issue a certificate granting an exclusive right for a period of 18 years. The certificate can be transferred, sold or licensed as desired. It is useful to note that all other parties have the right to reproduce, conserve or cultivate the variety(s) for private use without requiring authorization, but cannot derive commercial benefit therefrom.