CropLife Canada and the Canadian Seed Trade Association are examining issues expected to arise as biotech seed traits come off patent.
Only one patented seed trait has had its patent protections expire in Canada, but others will soon follow, including older herbicide resistant technologies used in Canadian canola varieties.
The RoundUp Ready One trait in soybean varieties came off patent in Canada in 2011.
Some soybeans varieties containing the off-patent trait are still marketed in Canada.
This has raised concerns about product stewardship, trait management at the farm level and issues related to regulatory acceptance in key export markets.
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“We want everyone in the industry to have a say and to be aware of what’s going on as this new element of the industry becomes a reality,” said Ian Affleck, managing director of science and regulatory affairs at CropLife Canada.
Management of post patent seed technologies is a largely uncharted territory for the North American seed trade as early seed patents that were approved in the 1990s begin to expire.
It is often assumed that patent expiries will open the door to less–expensive biotech seed products that contain “generic” or off-patent traits.
Trait developers, including biotech and life science companies, would like to ensure that off patent technologies are properly managed and avoid potential market disruptions that could arise if regulatory approvals for off patent traits are withdrawn or are not maintained in key export markets.
Monsanto has agreed to maintain regulatory approvals for the off-patent RR1 soybean trait until 2021.
However, Monsanto Canada spokesperson Trish Jordan said there are costs involved with maintaining those approvals.
“Where (post patent management) really becomes an issue for the industry and the companies is all the questions around maintaining regulatory approvals for off patent traits,” Jordan said.
“So when the regulatory approvals … expire in key export countries, what happens? I think that’s what the CropLife Canada-CSTA working group is looking at.”
