Ottawa, Ontario, Canada
October 9, 2013
SeCan has resolved a legal action it commenced against Leonard Junop and Junop Bros. Seed of Delisle, Saskatchewan for infringement of Plant Breeders’ Rights (PBR). The case involved the illegal sale of PBR protected malt barley varieties AC Metcalfe and CDC Copeland.
“Protection of our plant breeding partners’ intellectual property is something we take very seriously,” stated Todd Hyra, Business Manager Western Canada for SeCan. “We all need to play by the same set of rules.”
The resolution includes a declaration that the defendants will cease any further sales of SeCan’s protected varieties, as well as a cash payment totalling $120,000 in damages. The cash payment will be used to pay royalties owing to the respective plant breeding institutions, with the balance invested in future variety development.
SeCan works with the Canadian Plant Technology Agency (CPTA) to search out, investigate, and take all necessary action against infringers of plant-related intellectual property.
Lorne Hadley, Executive Director of the CPTA said, “Under PBR, producers are allowed to save their own seed, but apart from sales into the commercial system, they are not permitted to sell, or trade the seed to others. Even after 20 years of PBR being in effect in Canada, a large part of the process is still education. But when an individual or organization willingly seeks to profit from the illegal sale of a protected variety, CPTA member companies will take the necessary steps to enforce PBR.”
As an association of over 700 private independent seed businesses, SeCan seeks to enhance Canada’s plant breeding capacity through public-private partnerships. “These partnerships require an environment that promotes investment through protection of intellectual property rights,” says Hyra. “In order for Canadian agriculture to remain competitive, we must continue to support the brightest research scientists, and expand our ability to deliver cutting-edge varieties and traits.”
“Canada needs both private and public investment to be a world leader in agricultural exports,” commented Hadley. “We can’t afford to erode our returns to plant breeding. Canadian producers want the best genetics available. As a seed industry, we need to ensure our plant breeders are rewarded for the value they create.”
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About SeCan: As “Canada’s Seed Partner”, SeCan actively seeks partnerships that promote success in Canadian agriculture. SeCan is the largest supplier of certified seed to Canadian farmers with more than 700 member companies from coast to coast engaged in seed production, processing and marketing. Since its inception in 1976, SeCan has been a major supporter of plant breeding in Canada, returning more than $77 million in royalties and research funding. SeCan represents more than 450 varieties developed by public and private sector breeding programs.
About CPTA: The Canadian Plant Technology Agency is an industry-driven organization established to protect intellectual property rights pertaining to crop development. The CPTA also works to raise awareness of plant property rights.
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