Intellectual Property Rights and Canadian Wheat Breeding for the 21st Century

Abstract

Although wheat is the largest field crop in Canada, the intellectual property rights for the self‐pollinated, nongenetically modified crop have been too weak to allow significant royalty flow to plant breeders. The sector heavily relies on resource‐constrained public breeding programs for new variety development. This long‐standing situation could change with the 2015 Agricultural Growth Act, which strengthens Canadian plant breeders’ rights to be consistent with the UPOV 91 convention. We explore the potential implications for Canada by examining the experience with UPOV 91 implementation in the United Kingdom, France, and Australia. Using the royalty structures in these countries as potential pathways for Canada, an ex ante benefit–cost framework is used to illustrate the choice of pathway is important. Over a 40‐year period, the Australian, French, and U.K. implementation pathways generate 4.8, 4.0, and 1.5 $CDN billion in net benefit (respectively) over the status quo. Over shorter time horizons of 20 and 30 years, France is quicker to establish uniform endpoint royalties that provide the highest net benefits. Proactive industry engagement to develop a more robust royalty collection system is required to realize these potential benefits.

Western Canadian producers’ attitudes towards wheat breeding funding

“…Typical models include EPR and FSS royalties. For the purpose of this study, we briefly review models that have been evaluated in the literature, that is, Australian End‐Point Royalties model, France's Contribution Volontaire Obligatoire (CVO) uniform levy model, and the Farm Saved Seed Royalty model in the United Kingdom and Germany (Alston & Gray, 2013; Bolek, 2015; Galushko & Gray, 2014; Giovanoli, 2014; Gray & Bolek, 2014; Gray et al., 2017). As we present a brief institutional history of each case, we pay attention to the important role that acceptance among producers plays in achieving high compliance rates.…”

Crop research, biotech canola, and innovation policy in Canada: Challenges, opportunities, and evolution

“…Finally, Gray, Kingwell, Galushko, and Bolek () emphasized the need to develop an effective royalty collection system in wheat breeding in order to realize billions of dollars in potential gain. A number of different pathways of collecting royalties for public varieties were explored.…”

“…Wheat yield improvement is very sporadic and there have been many years between successful wheat varieties, mainly due to the hexaploid genetic structure of wheat combined with Canadian kernel hardness constraints (Gray & Malla, 2000). Finally, Gray, Kingwell, Galushko, and Bolek (2017) emphasized the need to develop an effective royalty collection system in wheat breeding in order to realize billions of dollars in potential gain. A number of different pathways of collecting royalties for public varieties were explored.…”

Factors and scenarios affecting a farmer’s grain harvest logistics

“…The introduction of end point royalties since the early 2000s encouraged the commercialisation of plant breeding in Australia (Gray et al ), especially in the supply of varieties of major crops such as wheat, barley and canola. The result has been release of higher‐yielding crop varieties that have supported the shift in land use towards more cropping during the 2000s.…”