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ARTICLE · 19 AUGUST 2025

Draft Regulations Aim To Strengthen, Clarify And Simplify Canada's Plant Breeders' Rights System

Borden Ladner Gervais LLP
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On Aug. 9, 2025, proposed amendments to the Canadian Plant Breeders' Rights Regulations were published in Canada Gazette, Part I. Intended to address the concerns raised by stakeholders...

CanadaIntellectual Property
Graeme Boocock, Ph.D.
Graeme Boocock, Ph.D.
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On Aug. 9, 2025, proposed amendments to the Canadian Plant Breeders' Rights Regulations were published in Canada Gazette, Part I. Intended to address the concerns raised by stakeholders in an earlier public pre-consultation, the changes are aimed at enhancing Canada's intellectual property protection framework for plant breeders in order to encourage the introduction of new and improved plant varieties to the Canadian market.

A summary of key proposed changes is provided.

Excluding advertisement from determinations of novelty

To be eligible for PBV protection, a candidate variety must be novel. Novelty is assessed primary based on lack of prior sale. However, the current definition of "sell" includes both actual sale, offering for sale, and advertising. Therefore, promotion or description online prior to a variety being available for sale could disqualify an otherwise novel variety from PBR protection under a strict interpretation.

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