There has been a lot of discussion surrounding Bill C-18, particularly with respect to UPOV 91. UPOV, the French acronym for the International Union for the Protection of New Varieties of Plants, was established at the first convention of its international members in 1961, resulting in UPOV 61.  Since that time, there have been three revisions in 1972, 1978 and 1991. Canada's present Plant Breeders' Rights Act is based on the 1978 UPOV Convention (UPOV 78), and is among a very small minority of members whose legislation does not conform to the most recent convention.

UPOV 91 contains some new elements that provide stronger protection for plant breeders, which is why our government is standing by the proposed changes to Canada’s Plant Breeders Rights Act.  We have received strong support from many, including seed growers operating in the Yorkton-Melville riding, and we have the support of a group called Partners in Innovation.  Partners in Innovation include organizations representing producers of grains, oilseeds and pulse crops, and growers of fruits, vegetables, potatoes and ornamental crops in all regions of Canada.  Among the members of Partners in Innovation are Barley Council of Canada, Canadian Horticultural Council, Cereals Canada, Canadian Federation of Agriculture, Canadian Seed Trade Association, Grain Growers of Canada, Prairie Oat Growers Association and Western Canadian Wheat Growers Association. These groups have seen Canadian farmers be denied superior seed varieties from international plant breeders because breeders don’t want to risk their investment in Canada.  Partners in Innovation support the amendments to Canada’s Plant Breeders’ Rights legislation understanding that it will open opportunities for plant breeders in Canada and outside of our borders to deliver superior varieties of seed to Canadian farmers.

In addition, Canada’s current ability to generate funds for investment in plant breeding is at the bottom of the list of cereal crop producing countries, resulting in poor productivity.  Forty-eight per cent of all of the agricultural varieties protected under Plant Breeders’ Rights have been developed at universities, provincial research facilities, and Agriculture and Agri-Food Canada (AAFC).  These public institutions have received royalties from private organizations to help fund their plant breeding programs and will continue to do so under UPOV 91.  Royalties can only be collected by the breeder on the seed and cannot be collected on the grain or elsewhere in the production system.  However if the breeder can prove that seed was acquired without his or her authorization, the breeder can seek compensation on the grain produced from the illegally acquired seed.

Breeders are not required to protect their inventions and farmers can choose not to use protected varieties.  Of the 359 registered varieties of wheat available to farmers, only 91 are protected by Plant Breeders’ Rights.  Only 59 of the 252 registered barley varieties available to farmers are protected, and only 29 of the 126 registered oat varieties are protected.  Farmers will continue to have a choice.

Farmers will also still be allowed to save the grain they produce from protected varieties to use as seed on their farms.  Under the proposed amendments, they can produce it, reproduce it, store it and condition it for use as seed in their own operations.  As it is with current legislation, farmers will still not be allowed to sell protected seed varieties without authorization of the breeder.

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The audio version of Garry's June 16, 2014 op-ed column can be heard by clicking here.