Plant Breeders' Rights Office

What are Plant Breeders' Rights?

The Plant Breeders' Rights Act gives you exclusive rights to new varieties of some plant species.

Criteria

To be protected, the varieties must fulfill certain conditions. They must be:

  1. new, that is, not previously sold;
  2. different from all other varieties;
  3. uniform, that is, all plants in the variety are the same; and
  4. stable, which means each generation is the same.

Publication

Before you can receive the rights to your plant variety, you must submit a description of it for publication in the Plant Varieties Journal. People then have six months to object to your claim.

What is protected

If your claim is granted, you are entitled to control the multiplication and sale of the seeds for up to 18 years. But other people are allowed to breed or save and grow the varieties for their own private use without asking your permission to do so.

Protection is available to Canadian citizens and to citizens of countries that are members of the International Union for the Protection of New Varieties of Plants (UPOV).

For more information on plant breeders' rights, contact:

Canadian Food Inspection Agency
Plant Breeders' Rights Office

59 Camelot Drive
Nepean, Ontario