The Canadian Intellectual Property Review (CIPR) is a double-blind peer reviewed journal. It is sent to over 1,800 IPIC members at no cost and can be purchased by non-members for a fee. If you would like to browse the articles included in the CIPR, please consult our database below.
Any author, member or non-member can submit an article for consideration in the CIPR. The CIPR Editorial Board welcomes both short pieces (2,000 to 5,000 words) that may be included in the Notes section of the issue or longer, more in-depth articles. The maximum length of articles, including references, is 20,000 words. Articles may be submitted in French or English. Each article should be accompanied by a 150-word abstract.
All submissions undergo a double-blind review process: the reviewers are not given the authors' identities and the identities of the reviewers are shielded from the authors. Additionally, articles submitted must be original and must not have been previously published elsewhere.
If you would like to submit an article for an upcoming issue of the CIPR please contact admin@ipic.ca.
Canadian Intellectual Property Review
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Plant Breeders’ Rights in Canada
Issue: Volume 32
Author(s): Serge Lapointe and Nicholas Torti
Abstract:
Plant breeders’ rights (PBRs) entitle owners to an exclusive legal right over certain acts pertaining to new plant varieties during a fixed period of time. In Canada, these intellectual property rights are delineated in the Plant Breeders’ Rights Act, which Canada amended in February 2015. The amendments form the basis of Canada’s accession to the 1991 revision of the Convention of the International Union for the Protection of New Varieties of Plants, which Canada signed in July 2015. In light of this signature, additional, international protections now apply to expand further the rights of owners of PBRs that reside in Canada.
This article begins with a history of plant-breeding methods and the legal protections offered to developers of new plant varieties, followed by an examination of several of the recent changes to the owner and user rights in the Act and by a comparison of the protections available in Canada and the United States.
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