Plant Breeders’ Rights

With degrees in chemistry, bio-chemistry and biophysics, our team has a strong background for the protection of plant rights. In Canada, Plant Breeders’ Rights (“PBR”) are a form of intellectual property protection by which a plant breeder may protect rights to a new plant variety in a manner similar to those afforded an inventor in relation to an invention under the patent system as well as in a manner similar to an owner in relation to a mark under the trademark system. With the grant of PBR for a new plant variety, the holder of PBR obtains exclusive rights in the propagating material related to the new plant variety, i.e., a form of monopoly, similar to a patent. The holder is then able to prevent exploitation of the new plant variety by third parties and can take legal action against third parties engaging in exploitation activities, without the holder’s consent. Further, the holder of PBR has the right to take legal action to prevent a third party from even using an approved denomination (name) of the protected new plant variety if the third party is selling propagating material of even another variety of the same genus or species. The duration of PBR are similar to that of patent rights and should be considered as a mode of protection for anyone or any entity involved in agricultural endeavors, including herbal or plant-based medicinal products.