Plant breeders’ rights

Plant Breeders’ Rights are a type of intellectual property right by which plant breeders protect new varieties of plants, giving the breeder the exclusive right to produce for sale and to sell, reproductive material of the new variety. The holder of the rights can also protect the name of the approved variety thereby increasing the breeders control over newly developed type of plant in Canada.

The breeder/owner of the Plant Breeders’ Right is given exclusive rights in relation to the propagation material of their new plant variety. Reproductive material is that part of the plant used to reproduce the new variety, and can include things such as seeds, plant cutting or budwood, depending on the type of reproduction of the plant variety.

A variety must be new and distinct from all varieties of common knowledge, uniform and stable in its characteristics. In Canada, varieties of all plant species are eligible for protection however, heritage varieties are rarely eligible, and algae, fungi and bacteria are not eligible for protection under Plant Breeders’ Rights.

Whether you are a gardener, farmer, or an industry professional, if you are developing new varieties of plant, filing an application for Plant Breeder’s Rights can provide you with valuable legal protection and assist you in commercializing your plant varieties.

Our Team