Determinants of the grant lag and the surrender lag of horticultural crop plant breeders’ rights applications: Survival analysis with competing risks

Abstract

Obtaining a Plant Breeders' Rights (PBR) certificate provides horticultural institutions the exclusive right to produce and reproduce new varieties, which directly motivate new plant variety innovations. This study investigates how the grant and surrender lag of PBR certificates is influenced by the crop type and applicant characteristics using the Canadian Food Inspection Agency horticultural crop PBR application data for the period 1992-2014. Results from the Fine and Gray subdistribution hazard model reveal that the grant lag and surrender lag of Canadian PBR applications significantly vary by the country of origin of the applicant, whether the applicant is a public institution or private company/individual, horticultural crop types, and the decades when applications are filed. The policy implications of the results provide useful information to stakeholders of the Canadian Plant Breeders' Rights System regarding how the lifespan of PBRs is influenced by crop type and applicant characteristics.