Plant Breeders' Rights Regulations updated: longer compliance windows, new farmers' privilege exclusions, and revised application rules

Plain-language summary · AI-assisted · not legal advice

Several practical changes have been made to Canada's Plant Breeders' Rights Regulations. Assignees of plant breeders' rights now have one year (up from 30 days) to register an assignment with the Commissioner, and witness signatures on assignment letters are no longer required. Farmers' privilege (the right to save and reuse propagating material) is explicitly excluded for fruit, ornamental and vegetable plants, vegetatively propagated plants, and hybrids. A 25-year protection term now applies to potato, asparagus, and woody plant species certificates issued under the updated rules. Application requirements have been eased for propagating material samples — applicants may submit the sample later if it was unavailable at filing, but must do so before rights are granted. Fees are now payable to the Receiver General for Canada rather than the Commissioner, the $5 public inspection fee and the protective direction application fee have been removed, and a new reduced fee applies to applications filed through the UPOV PRISMA tool.

Who this affects: plant breeders and variety developers · assignees of plant breeders' rights · farmers saving propagating material · applicants for plant breeders' rights · holders of existing plant breeders' rights certificates