Plant breeders are about to be shoved aside, at least temporarily, as the star attractions of Canada’s plant breeders’ rights system.
Coming soon to a plant breeders’ forum near you – the lawyers.
Government and industry players predict that 1997 will see some high profile court cases under plant breeders rights legislation.
“Last year, our first year, I would say we operated in a gentle way, talking to farmers and others about rights and obligations under PBR (plant breeders’ rights),” said Peter Bonis, of the plant breeders’ rights division of the multinational Svalof Weibull.
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“We feel, in year two, it is time to make a stronger statement to the violators.”
Bob Morgan, president of the Canadian Seed Trade Association and research director for Saskatchewan Wheat Pool, said the industry believes enforcement must be tougher.
“People need to prosecute,” he said. “They need to find a way to illustrate the owners of rights are prepared to protect them.”
Problem spreading
The problem, say industry players, is that during the five years since plant breeders rights legislation became effective in Canada, widespread violations have developed. Farmers or companies buy or sell a protected variety without paying the required royalty to its creator.
Bonis, of Lindsay, Ont., said as much as 75 percent of the yellow peas planted in Saskatchewan may be in violation of the plant breeders’ rights protection Svalof Weibull has been given for Grande and Carneval varieties.
“With this level of violation, there is a real danger that companies will simply say it is not worth it to spend the money for varieties if people can thumb their nose at the law,” he said.
Bill Robertson, of the Canadian Seed Growers Association, said it is a common sentiment.
“There is an increasing resolve among holders of breeders’ rights to do something about the abusers,” he said. “Once the message gets out from a few high profile cases, I suspect things will settle down.”
Vocal opposition
Plant breeders’ rights, a form of copyright protection for developers of new plant varieties, became law in 1990 after a fierce political debate.
Critics equated it with patenting life. They predicted seed costs would rise.
Proponents of the legislation, which offers 18 years of protection and sets a royalty schedule for those who use protected varieties, predicted it would attract money to plant research and new varieties to Canada.
Five years after the program began, Agriculture Canada plant breeders’ rights administrator Grant Watson said there have been 280 protections granted and hundreds more are in the process.
Canola, peas, soybeans and potatoes are the food varieties that have attracted the most interest and applications.
To date, 39 plants are eligible for plant breeder’s rights applications. By 2000, all plants will be eligible.
Industry and government officials say it is premature to assess plant breeders’ rights. It will be several years before it is clear if farmers benefit by having more varieties available.
However, the existence of the law has attracted millions of dollars to the research field.
“I know of lots of company investments that would not have been made without this legislation,” said Bonis.
In Agriculture Canada alone, varieties developed at government labs earned $2.5 million in royalties last year. It was put back into the research budget.
