| a. |
The proposed variety name indicated on the Variety Registration Application Form
will be the name used for all official records including the certificate of registration.
This includes spaces, hyphens and capitalization. Any proposed changes to variety names
prior to registration must be submitted in writing. |
| b. |
A variety shall be known by only one name in Canada. The name used in the country of
origin is the name that should be applied for in Canada. If this
name is not acceptable to the Registrar, the Registrar may request that a synonym be used
in Canada. An applicant may also choose a synonym for a variety bred outside
of Canada. |
| c. |
If a synonym is used, the following conditions would apply:
- only one name will be used for the variety in Canada
- the owner of the variety agrees to the use of the synonym
- all known names and synonyms must be indicated on the application form
- all synonyms will be made publicly available by CFIA
- the use of a synonym in Canada may not be acceptable for Plant Breeders’ Rights in
Canad
|
| d. |
Names with similar spelling must be phonetically different. |
| e. |
A variety name that is acceptable for variety registration may not be acceptable for
Plant Breeders' Rights purposes if the rights have not been granted when the variety is
registered. |
| f. |
The name under which a variety is registered must be identical to the name under which
a variety is granted Plant Breeders’ Rights. Plant Breeders’ Rights legislation
is more restrictive as to the conditions under which a variety name may be changed. |
| g. |
Classes: Variety names shall be unique, i.e. not the same as, or very similar to the
name of other varieties of the same genus. If they fall within one of the following
International Union for the Protection of New Varieties of Plants (UPOV) classes, they
must be different from all the genera or species in the Class.
Class 1: Avena, Hordeum, Secale, Triticale, Triticum
Class 4: Agrostis, Alopecurus, Arrhenatherum, Bromus, Cynosurus, Dactylis,
Festuca, Lolium, Phalaris, Phleum, Poa, Trisetum
Class 6: Brassica napus, B. rapa, B. juncea, B. nigra, Sinapis
Class 7: Lotus, Medicago, Ornithopus, Onobrychis, Trifolium
Class 8: Lupinus albus L., L. angustifolius L., L. luteus L.
Class 9: Vicia faba L.
Class 21: Solanum tuberosum L.
Class 22: Nicotiana rustica L., N. tabacum L.
Class 24: Helianthus annuus |
| h. |
A variety name is a generic term and with the exception of varieties already
registered, neither the name nor any part of it shall be trademarked in Canada for use on
seed of the variety.
Once a variety is registered, trademarking the variety name will result in the suspension
or cancellation of registration. |
| i. |
The name of a variety that has been deregistered may not be reused for another variety
of the same or similar genus or class. |
| j. |
Species names, common crop names or names of botanical types shall not be used as
variety names. |
| k. |
Variety names, which vary from another variety by the addition of number(s), letter(s)
or word(s), are acceptable providing their pedigree indicates direct descendence from the
variety to which the suffix or prefix is added.
The proportion of germplasm contributed by another variety should be at least 50% when
giving the new variety a name very similar to that of another variety. |
| l. |
Any explicit or implicit claims incorporated as part of a variety name, may only be
used if they are accurate and verifiable. |
| m. |
A variety name shall not be such as to be considered offensive. |
| n. |
When selecting a variety name, consideration should be given to the limitations of
seed tags and the equipment used to generate them. Seed tags must bear the variety name
exactly as registered. |
| o. |
The Variety Registration Office will not approve variety names prior to the receipt of
an application for registration or an application for variety name amendment. |
| p. |
In order to avoid disappointments over variety name acceptability, applicants may wish
to review the OECD list of cultivars at www.oecd.org/agr/code.
Other sources include the Crop Science and Plant Variety Protection registration at www.ars-grin.gov/npgs/searchgrin.html.
While these sources will not provide a definitive answer on variety name acceptability,
they are a good source of information to determine if the proposed name is already in use. |
