Ottawa, Ontario, Canada
December 16, 2013
SeCan and Gary Christianson and Eastway Holdings of Naicam, Saskatchewan have agreed to a settlement to resolve a legal action SeCan commenced for infringement of its Plant Breeders’ Rights (PBR) in midge tolerant wheat variety AC® Unity VB.
“This case was particularly important” noted Todd Hyra, Business Manager Western Canada for SeCan. Not only is AC® Unity VB PBR protected, it is one of several midge tolerant wheat varieties sold with a stewardship agreement to protect the technology. Without stewardship, the midge could overcome the tolerance, leaving wheat producers without this valuable tool to reduce losses from the pest.”
A recent survey found 93% of midge tolerant wheat customers feel it is critical to have a stewardship program in place to ensure the effective life of the midge tolerance gene is protected. “It is clear from customers’ feedback that they value the technology,” added Hyra.
SeCan works with the Canadian Plant Technology Agency (CPTA) to search out, investigate, and take all necessary action against all infringers of plant-related intellectual property.
Lorne Hadley, Executive Director of the CPTA said, “Under PBR, producers are allowed to save their own seed. The midge tolerant wheat stewardship agreement allows only one generation of farm-saved seed past certified. The distributors of this technology have been charged with the responsibility of protecting midge tolerance. Though the CPTA, members will continue to educate, audit, monitor and when necessary, enforce both the PBR and the Midge Tolerant Wheat Stewardship Agreement.”
As an association of over 700 private independent seed businesses, SeCan seeks to enhance Canada’s plant breeding capacity through public-private partnerships. “Midge tolerant wheat was a result of one of these partnerships,” says Hyra. SeCan was involved in funding the early development of midge tolerant wheat. “It took over 15 years and millions of dollars to develop the midge tolerance trait - there are no additional midge tolerance traits waiting in the wings – we need to make this one last.”
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 430 crop 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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