Should Plant Breeders Get Stronger Intellectual Property Protection?

Official title: Public consultation on proposed regulatory changes in Canada Gazette Part I amending the Plant Breeders' Rights Regulations

Closed Regulations & Permits Agriculture & Food Economy & Jobs
Canada wants to strengthen intellectual property rules for plant breeders. Right now, farmers can save and replant seeds from protected varieties—the government wants to limit this for fruits, vegetables, and ornamental plants. The changes would also extend protection periods for potatoes, asparagus, and woody plants from 20 to 25 years, and make it cheaper to file applications online.

Why This Matters

Grow your own tomatoes from saved seeds? This could affect what you're allowed to do. Farmers who save seeds from protected varieties might face new restrictions. On the flip side, stronger protections could bring more new crop varieties to Canada—think drought-resistant vegetables or disease-resistant berries. Food prices could shift either way depending on how this plays out.

What Could Change

The "farmer's privilege" to save and replant seeds would be narrowed—fruits, vegetables, ornamentals, and hybrid seeds would no longer qualify. Protection periods for potatoes, asparagus, and woody plants would jump from 20 to 25 years. Online filing fees would drop to encourage electronic applications. Advertising a plant variety before selling it would no longer disqualify it from protection.

Key Issues

  • Should farmers lose the right to save and replant seeds from protected fruit, vegetable, and ornamental varieties?
  • Should protection periods for potatoes, asparagus, and woody plants be extended from 20 to 25 years?
  • Should hybrid seeds and their parental lines be excluded from the farmer's privilege?
  • Should online filing fees be reduced to encourage electronic applications?

How to Participate

  1. Review the proposed regulatory amendments in the Canada Gazette, Part I to understand the changes being proposed.
  2. Submit your comments by the deadline. The Canada Gazette typically accepts written submissions during the comment period.