April 29, 2024
Thank you for your detailed letter, co-addressed to Mr. Anthony Parker, outlining the Plant Breeders' Rights Advisory Committee's recommendations to further improve Canada's intellectual property framework for new plant varieties. I appreciate the committee's hard work and dedication aimed at enhancing the effectiveness of the intellectual property regime for the plant breeding sector.
As you noted, investment in agricultural research is vitally important. The continued development of new and improved plant varieties is critical for Canadian growers and producers, supporting their competitiveness both in domestic and international markets. The availability of new and improved plant varieties in the marketplace will help the agriculture sector mitigate and adapt to climate change. I share the views of the committee that although considerable progress has been made to improve Canada's plant breeders' rights (PBR) intellectual property framework, still more can be done to attract investment and stimulate innovation.
I therefore welcome the opportunity to address the committee's four recommendations.
Funding of the Plant Breeders' Rights Office
I acknowledge the committee's insights on the funding of the PBR Office and recognize that the intellectual property regime has been successfully delivered for more than 30 years with relatively static fees. It is the aim of the Canadian Food inspection Agency (CFIA) to furnish high quality PBR intellectual property rights while ensuring a cost effective and small administrative footprint for delivery of the regime. To this end, I appreciate the committee's emphasis on the shared responsibility between Government and users/beneficiaries of the system. It is evident that the current funding model continues to be effective, and I encourage the committee to continue working with the CFIA to maintain its long-term sustainability.
Regulatory amendments
Thank you for highlighting the priority of regulatory amendments to support greater investment and innovation in plant breeding. I appreciate the importance of advancing
proposed amendments to the Plant Breeders' Rights Regulations in a timely manner. The recommendation to launch an online consultation during 2024, aligns with the federal government's commitment to foster innovation, competition, and growth in the agriculture, horticulture, and ornamental sectors. Best efforts are being made to propose amendments to these regulations, and the CFIA looks forward to hearing from stakeholders during the upcoming consultation.
Streamlining the efficiency and accessibility of the PBR application process
The committee's emphasis on streamlining the PBR application process through use of the UPOV PRISMA electronic filing system is well-noted. The Government supports the use of digital tools to enhance accessibility of the intellectual property framework, while reducing administrative burden for the applicants, and improving efficiency for the PBR Office. The committee's suggestion to introduce a substantially lower fee to encourage use of UPOV PRISMA will be considered in the context of any proposed amendments to Schedule II of the PBR Regulations.
Active participation and leadership in international standard setting
I appreciate the committee's continued support for Canada's active role in international standard setting within UPOV. The recommendations to sustain active participation in various UPOV committees and technical working groups align with the CFIA's priority of global leadership and commitment to international collaboration.
The committee also suggested that the Government consider hosting the 55th Session of the UPOV Technical Working Group for Agricultural Crops in Saskatoon, Saskatchewan in 2026. I recognize the missed opportunity to do so in 2020 due to the global Covid-19 pandemic. The CFIA will explore the feasibility of hosting the proposed session in 2026, taking the potential opportunity of showcasing our plant breeding institutions into consideration.
Conclusion
I wish to express my sincere gratitude to the members of the committee for their valuable advice and insights. Collaboratively, we will continue to work towards improving the PBR intellectual property framework, supporting innovation and growth in Canada's agriculture, horticulture, and ornamental sectors.
Sincerely,
Lawrence MacAulay, PC, MP
Minister of Agriculture and Agri-Food