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Plant Breeders' Rights

AgriClaim Canada Inc. provides intellectual property protection (Plant Breeders Rights) in Canada and UPOV1 countries. We facilitate plant breeders' rights application of new variety of plants in Canada. We also conduct DUS trials on our clients' behalf and facilitate examination of trials with the Canadian Food Inspection Agency's Plant Breeders' Rights office. We also assist our clients in licensing of their protected variety to growers in Canada. AgriClaim is in the process of developing an interactive network of plant breeders, crop producers, nursery and landscape growers. This will help international breeders in commercialization of their unique plant varieties in Canada and to Canadian growers in accessing unique genetics from around the world. We will also provide consulting services in intellectual property protection, bio-safety and quarantine procedures.

Obtaining Plant Breeders' Rights in Canada: The PBR application in Canada can be filed by the breeder, his/her employee, or through a legal representative. AgriClaim assists breeders in Canada and outside to submit an application on their behalf. We act as an authorized agent/legal representative on your behalf in dealing with the Plant Breeders' Rights Office. We have UPOV trained personnel in our staff to facilitate the representation in registration process.

The main legislation for protection of plant breeders' rights in Canada is Plant Breeders' Rights Act, 1990. This is a sui generis system for plant varieties not protected under the Patents Act. The Plant Breeders' Rights Office (PBRO) of the Canadian Food Inspection Agency (CFIA) looks after the registration process.

The registration system has defined criteria a variety must meet (i.e. New; Distinct; Uniform; Stable). Canada has a "breeder-run" testing system as opposite to "State-run" testing system in many other countries, which means the trials are conducted by the breeders or their representative. AgriClaim's UPOV trained professionals assists in setting up indoor or outdoor grow out test and facilitate PBRO's examiners in determining 'Novelty' and 'DUS' requirements. Trials are set under strict guidance of PBRO/UPOV's guidelines.

The Canadian system recognizes the date the foreign application was originally filed in another UPOV member country. We can claim a priority date in your application for a variety, which previously has been filed for protection outside of Canada under the UPOV system in a member country within 12 months of the previous application.

Enforcement of plant related Intellectual Property

Although legislation outlines several offences under the act and warrants punishments in cases of infringement of your rights, they may not be enough for extent of damage caused to your business. AgriClaim has developed strategic alliances with private investigators and will help you gather evidences of any possible infringement, which may be required to bring legal action against any person infringing on your rights. Our company has the capability to provide litigation support in court proceedings if you wish to proceed with legal action.