The Plant Breeders' Rights Act gives an owner of a registered plant variety the exclusive right to deal commercially with the propagating material of that plant variety. The Act protects new varieties of plants produced sexually or asexually that meet the criteria of being new, distinct, uniform and stable. The term of protection for a registered plant variety is 18 years from the issuance of a Certificate.

Who Can Apply For Registration?

Persons eligible to apply for protection of a species may be the breeder, his/her employer, or his/her legal representative. The Applicant must also be a citizen, or resident of Canada or have a registered office in Canada or in a member country of the International Union for the Protection of New Varieties of Plants. Applicants residing outside Canada must appoint a Canadian agent to submit the application on their behalf.

The Application

The information and material required to complete an application includes: a proposed denomination for the variety;a statement concerning how the variety is distinct;a description of the breeding work;a statement indicating that the variety is uniform and stable;a sample of propagating material;particulars of where the variety will be maintained;a statement concerning whether or not the candidate has been sold or has acquired protection in another country;verification of ownership;other information as required by the Plant Breeders' Rights Office.

The grant of registration occurs only after the application has been examined and approved.

Categories of Plants Eligible for Protection

Protection is limited to certain categories of plants. The number of categories is currently growing, therefore a variety not subject to protection a few years ago might very well be currently subject to Plant Breeders' Rights Protection.

Eligible categories as of May 1, 1995 include:

Wheat, Corn, Clematis, Canola/Rape, Dianthus, Creeping Red Fescue, Soybean, Flax, Impatiens, Potato, Grapevine, Kentucky Bluegrass, Chrysanthemum, Oats, Lentil, Rose, Pear, Maple, African Violet, Poinsettia, Mustard, Alfalfa, Potentilla, Peach, Apple, Strawberry, Pelargonium, Barley, Yews, Plum, Bean, Begonia, Rasberry, Chery, Blueberry, Spirea, Pea, Timothy, Viburnum.