Plant Breeders’ Rights (PBR) are legal rights granted to the owner of a new tree fruit variety that gives the owner exclusive control over the propagation of that new variety for 25 years. The owner has the right to allow others to propagate the variety in return for the payment of a royalty
Growers pay a royalty to a variety owner in exchange for the right to grow and produce fruit from a PBR protected variety. Royalties are collected on each tree sold in Canada.
Royalty payments support the cost of global protection, the development and testing of new varieties helping to ensure the long-term viability of the BC tree fruit industry , horticultural research, and the successful promotion of new varieties in Canadian markets. Industry money can be matched with government funding, guaranteeing a greater return on your investment.
A Grower Agreement protects you. It proves that the trees you have are legal and that you have paid the royalties to the variety owner. It also ensures that you will not give away propagative material to a third party which would then expose that party to PBR infringement, which is a federal offence.
You are agreeing to the following points when you sign the Grower Agreement:
If you are growing a Protected Variety and you have not signed a Grower Agreement, you may be breaching Plant Breeders’ Rights and growing trees illegally. You can immediately rectify this situation by contacting SVC and self-reporting. SVC will send you a Grower Agreement as well as an invoice for any outstanding royalty payments.
Yes. Every time you purchase a PBR protected variety, you must sign a Grower Agreement.
No. You may not provide (assign) trees to a third party. However, if you have too many trees of a variety, you may contact SVC to arrange a transfer of those trees to a third party. SVC will ensure that the third party signs a Grower Agreement and will document the fact that royalties are paid.
If you sell your property, you must contact SVC with the name of the new owner, and you must give a copy of your Grower Agreements to the new owner. It is SVC’s responsibility to ensure that the new owner signs an updated Grower Agreement.
No. You have agreed to no further propagation upon signing the Grower Agreement and accepting trees or propagative material of the protected variety.
No. Trees and buds of Protected Varieties may only be purchased from sources that have been authorized by SVC. Authorized sources ensure that you sign a Grower Agreement before taking possession of trees or propagative material. Authorized sources also ensure that the royalties paid by you are remitted to the variety owner.
The following is a list of authorized sources of varieties that are managed by SVC:
Authorized source of budwood and scionwood: Summerland Varieties Corp.
Authorized sources of finished trees:
If your trees or propagative material came from an unauthorized source then contact SVC to self-report. SVC will send you a Grower Agreement as well as an invoice for any outstanding royalty payments.