CANADIAN SEED TRADE ASSOCIATION L’ASSOCIATION CANADIENNE DU COMMERCE DES SEMENCES 2039 Robertson Road Suite 505 Ottawa, Ontario K2H 8R2 Tel: 613-829-9527 Fax: 613-829-3530 www.cdnseed.org Email: [email protected]
April 16, 2014
Right Honourable Stephen Harper Prime Minister of Canada Langevin Block 80 Wellington Street Ottawa, ON, K1A 0A3 Fax: 613‐941‐6900 email: stephen.harper@pmo‐cpm.gc.ca
Dear Prime Minister Harper: On behalf of CSTA’s 130 member companies, I write to urgently request that you make Bill C‐18 ‐ The Agricultural Growth Act ‐ a high priority for Parliament during this session. Bill C‐18 contains long awaited and very important amendments to Canada’s Plant Breeders’ Rights Act. Despite the fact that Canada signed the convention in 1992, Canada is one of only two developed country members of the Union for the Protection of New Plant Varieties (UPOV) who’s Plant Breeders’ Rights legislation does not conform to the most recent UPOV Convention (UPOV 1991). This has and is having a very significant impact on Canadian plant breeders and on the Canadian farmers that they serve. The ability to attract investment in plant breeding and variety development depends to a very large degree on the intellectual property protection environment that exists. Canadian plant breeding companies have chosen not to invest in plant breeding and variety development in many crop kinds in Canada, because as one member put it in a letter to the Minister of Agriculture and Agri‐food: (the lack of up‐to‐date PBR is) “a poor environment for our company to recoup its cost for the market development and genetic research work that our company undertakes to develop new opportunities for wheat growers.” Additionally, as outlined by another CSTA member, plant breeders beyond our borders have not been willing to risk their varieties in Canada: “We have had the experience where international breeding programs have agreed to send us materials for testing, only to have them decide against sending us lines to test after they reviewed Canada’s status on UPOV 91 and Canada’s lack of support for intellectual property protection. This truly is a disheartening situation to face as a small independent company that relies on access to genetics from around the world.” The introduction of amendments to Plant Breeders’ Rights in Bill C‐18 on December 9, 2013 brought renewed optimism to both the national and international plant breeding communities. Government predictions that the amendments could be complete by the August 1, the beginning of the crop year, were particularly encouraging. CSTA members are now looking to invest in some crops kinds in Canada. Others have announced significant partnerships with international plant breeders to bring new genetics to Canada. However this could all be at risk if the amendments are delayed. This has been made clear by one of our member companies: “Part of the basis for the agreement (with an international breeding program) is the understanding that Canada will ratify UPOV 1991 in the near future. Without this assurance of up‐to‐date protection mechanisms for the resulting varieties, we risk losing this partner and western Canadian farmers risk losing future access to improved varieties drawn from a germplasm base to which they currently do not have access.”
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The CSTA appreciates your government’s consistent support for effective and internationally competitive intellectual property protection regimes. That support was stated again in Budget 2014: “Harmonizing Canada’s intellectual property regime with international norms will help Canada’s innovative businesses access international markets, lower costs and draw foreign investment to Canada .” Amended Plant Breeders’ Rights legislation will give plant breeders and developers increased confidence to invest in Canada, and it will also give international plant breeders and developers the confidence to give Canadian farmers access to superior varieties developed abroad. We recognize that your government is facing many important issues and undertaking many important initiatives, but sincerely urge you to keep Bill C‐18 high on the list of priorities for this session of Parliament. Be assured that the CSTA and our members will continue to support your government as this very important legislation moves through the Parliamentary process.
Sincerely
Peter Entz CSTA President
c.c. Honourable Gerry Ritz, Minister of Agriculture and Agri‐Food Honourable Peter Van Loan, Leader of the Government in the House of Commons
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