The Plant Breeders' Rights Office allows the purchase of foreign test results to demonstrate that a new variety is distinct, uniform and stable (DUS). For agricultural seed reproduced varieties requiring 2 growing cycles of trials in Canada, the applicant is able to replace 1 growing cycle by purchasing the foreign test results. For all other varieties considered ornamental or horticultural (fruit and vegetable, excluding Solanum tuberosum species), the office allows the purchase of foreign DUS test results to fully replace Canadian trial requirements. This applies regardless of where the varieties are grown or how they are propagated (by seed, cuttings, etc.).
The foreign DUS test results must meet the following criteria to be acceptable by the Plant Breeders' Rights Office.
The varieties must be grown and tested in a UPOV member country
The candidate variety must have been applied for and been tested (or is being tested) in a International Union for the Protection of New Varieties of Plants (UPOV) member country. In some cases, the testing of a variety has not yet been completed at the time a request to purchase the foreign DUS test results is processed. Testing may still be ongoing in the country conducting the trials. At the end of the testing period, the variety may be determined not to be distinct, uniform and stable. In such cases, the Canadian Plant Breeders's Rights Office will take the same decision. Conducting additional trials in Canada will not be permitted.
The varieties must have been grown and examined on location by the national authority, or a qualified person under the direct supervision of the national authority, in a UPOV member country following official UPOV test guidelines and testing procedures.
Use Canadian varieties of common knowledge as a reference variety when applicable
Canadian varieties of common knowledge should have also been considered as reference varieties in the trial from which the foreign DUS test results are obtained (if applicable). There may be concerns about the DUS of a variety. Such concerns may arise particularly in the case where a similar Canadian variety has not been considered as a reference variety. In these instances, the applicant may be required to complete DUS comparative trials in Canada.
Criteria for the Plant varieties journal
The description of the variety will be published in the Plant varieties journal and be subjected to the 6-month objection period.
There must be sufficient data and descriptive information available from the foreign DUS test results to publish the variety description in an acceptable format in the journal.
A photograph demonstrating the distinguishing characteristic(s) of the variety must be submitted in an acceptable format for publication in the journal.
How to purchase foreign DUS test results
Only official DUS test results obtained from the national plant breeders' rights authority in a UPOV member country will be considered for purchase.
All requests to purchase foreign DUS test results must be made through the Plant Breeders' Rights Office.
The fees associated with the purchase and subsequent translation, if required, are the responsibility of the applicant and/or agent. In addition, payment of the examination fee in Canada remains a requirement regardless of whether foreign DUS test results have been purchased.
Test results
The Plant Breeders' Rights Office reserves the right to decide whether the test results are acceptable or not. If it is determined that they are not acceptable, DUS comparative trials in Canada may be required.