Canada: Naming and registering plant varieties
A plant breeder may apply under the Plant Breeders’ Rights Act (“PBRA”) to obtain protection for any “plant variety”, excepting algae, fungi, and bacteria. Under the PBRA, a plant variety is a plant grouping defined by a set of unique, genetically-governed characteristics which will not change upon reproduction of the plants in the grouping.
Plant Breeder’s Rights enable a plant breeder to protect a plant variety by managing and controlling the use of propagating material such as seeds. Plant Breeder’s Rights are granted for a term of either 20 or 25 years, depending on the category of plant variety. After the term of protection expires, that plant variety may be used freely in Canada.
As part of the application, a plant breeder must propose a denomination for their plant variety. A denomination is the designation by which a registered plant variety will be identified and protected. If the plant variety is known or marketed by a particular denomination in another country, that denomination must be used in Canada to name and protect that plant variety.
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