The Canadian market for (ornamental) plants is relatively small and possibly commercially less interesting. However, since Canada borders the United States (U.S.), there is a lot of commerce between these countries. As a result, CAN PBR is often filed in addition to a U.S. Plant Patent.

The main reason for this is that, besides protection in Canada itself, it prohibits cultivating your plant “freely” in Canada to be sold in the U.S.

The executive body is the Plant Breeders’ Rights Office (PBRO), located in Ottawa.

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An application in Canada consists of two parts: filing the application at the PBRO and the DUS test. The DUS test is identical to the DUS test for EU PBR, except that a selected nursery in Canada performs it. However, in many cases, the PBRO can take over the European DUS test.

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When CAN PBR is granted, it has to be renewed each year. This is done similar to the EU PBR, by paying an annual fee. After a maximum of 25 years your rights expire.

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We are specialized in preparing, filing and accompanying your PBR applications in Canada. Since PBR applications can only be filed from the country or area it applies to, we work together with a Canadian agent.

 

Please, contact us to discuss possibilities and services we could provide for you.