Canada's Plant Breeders' Rights Act has finally seen its remedies provisions tested in court, while recent amendments to the Plant Breeders' Rights Regulations are reshaping the scope of rights available to breeders, signalling a new era for plant IP in Canada. In view of these changes, this webinar will provide a deep dive into navigating patent and plant breeders' rights prosecution and enforcement in the Canadian agricultural sector.
Our experts will discuss:
- the scope of rights under the Plant Breeders’ Rights Act and how these differ from patent rights, including with respect to subject matter eligibility
- key requirements and strategic considerations for obtaining plant breeders’ rights
- IP considerations for new plant varieties, genetic traits, and agritech innovations, including strategic considerations on when to use patents, plant breeders’ rights, trademarks and trade secrets, or a combination thereof
- practical enforcement tools and litigation considerations, including pre-litigation investigations and evidence gathering, and the use of Anton Piller orders, injunctive relief and preservation orders
- discovery and establishing infringement, including considerations unique to the agricultural sector
- damages and judgment enforcement, including calculating damages and collecting on your judgment
Join us to explore practical strategies for protecting, enforcing and maximizing IP rights in Canada’s evolving agricultural and plant innovation landscape.
