- SHORT TITLE
- INTERPRETATION
- HER MAJESTY
- APPLICATION
- PLANT BREEDER’S RIGHTS
- APPLICATIONS FOR PLANT BREEDER’S RIGHTS
- Entitlement to apply for plant breeder’s rights
- Application where breeder’s participation unobtainable for joint application
- Required citizenship, residence or location of registered office
- How application to be made
- Agent required for non-resident applicant
- Priority and dating of application
- Applications of same date
- Priority based on preceding application in country of Union or agreement country
- Confirmation of claim to priority
- Supporting application given priority
- Cases of two or more preceding applications
- Priority conditional on residence, etc.
- When previous application disregarded
- Priority established over previous grant
- DENOMINATIONS OF NEW VARIETIES
- SUMMARY DISPOSITION OF APPLICATIONS
- PROTECTIVE DIRECTIONS
- CONSIDERATION AND DISPOSITION OF APPLICATIONS
- Making objection to application for plant breeder’s rights
- Copy of objection to be sent to applicant
- Rejection of objection
- Opportunities for objector and applicant to be heard
- Upholding objection
- Consideration of applications
- Tests and trials
- Fee and materials for tests and trials
- Acceptance of results of foreign tests and trials
- Submission to foreign tests and trials
- Prohibition during pendency of objection
- Abandonment of application
- Reinstatement of abandoned application
- GRANT, REFUSAL AND DISPOSAL OF PLANT BREEDER’S RIGHTS
- MAINTENANCE OF PROPAGATING MATERIAL
- ASSIGNMENT OF PLANT BREEDER’S RIGHTS
- COMPULSORY LICENCES
- Grant of compulsory licences
- Objectives on granting compulsory licence
- Provision as regards propagating material
- Variation and revocation of licence
- Representations by persons adversely affected
- Compulsory licence not to be exclusive
- Concurrent compulsory and other licences permissible
- No contracting out
- ANNULMENT AND REVOCATION OF GRANTS
- SURRENDER OF PLANT BREEDER’S RIGHTS
- AGENTS
- CIVIL REMEDIES
- Infringement
- Relief in the event of infringement
- Appeals
- Jurisdiction of provincial courts
- Proof of jurisdiction
- Section 43 not impaired
- Jurisdiction of Federal Court
- Idem
- Invalidation by Federal Court
- Declaration
- Proceedings not to be taken without giving security
- Defendant not required to give security
- Restriction
- Holder may be required to take proceedings
- Holder not liable for costs
- Defence
- Admissibility of certificates given outside Canada
- Commissioner’s costs
- Recording judicial invalidation
- Appeal from decision re validity
- Appeal to Federal Court
- Limitation
- Transmission of documents to Federal Court
- Idem
- Judgments to be filed
- OFFENCES
- PLANT BREEDERS’ RIGHTS OFFICE
- 55.
- Plant Breeders’ Rights Office
- Commissioner
- Employees
- Functions of Commissioner
- Absence, etc., of Commissioner
- Officers and employees not to acquire plant breeder’s rights
- Delegation
- Presumption of authority
- Engagement of services
- Discretion unaffected
- Seal of office
- Notice of seal and other documents
- Time limit extended
- RECORDS
- Index
- Register
- Evidence of registered matters
- Certified copy or extract
- Certificate of Commissioner
- Rectification of errors
- When rectification permissible
- Opportunities for representations by interested persons
- Preservation of documents
- Inspection by public, copies and certificates
- Withdrawn application papers to be returned
- Restriction on publication
- Service of notices, etc.
- Deemed delivery
- Defect not to invalidate notices
- PUBLICATION
- Matters to be published
- Notice to Department of Industry
- Matters to be published
- Provision for publication of Plant Varieties Journal
- Notice of intention to publish Journal
- Cessation of publication of Journal
- Ignorance no defence in the event of publication
- Knowledge or notice, otherwise attributable, unaffected
- ADVISORY COMMITTEE
- REGULATIONS
- SEEDS ACT
- REVIEW OF ACT
- CONSEQUENTIAL AMENDMENTS
- COMING INTO FORCE
Plant Breeders’ Rights Act (1990, c. 20)
Act current to January 30th, 2011
Attention: See coming into force provision and notes, where applicable.
Plant Breeders’ Rights Act
1990, c. 20
[Assented to June 19th, 1990]
An Act respecting plant breeders’ rights
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Plant Breeders’ Rights Act.
INTERPRETATION
Definitions
2. (1) In this Act,
“advertise” « publicité »
“advertise”, in relation to a plant variety, means to distribute to members of the public or to bring to their notice, in any manner whatever, any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention of promoting the sale of any propagating material of the plant variety, encouraging the use thereof or drawing attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise acquired;
“advisory committee” « comité consultatif »
“advisory committee” means such advisory committee as may be constituted pursuant to subsection 73(1);
“agent” « mandataire »
“agent”, in relation to an applicant or a holder of plant breeder’s rights, means a person who is duly authorized by the applicant or holder to act, for the purposes of this Act, on behalf of the applicant or holder and to whom as a person so authorized recognition is, consistent with any requirements prescribed therefor, accorded by the Commissioner;
“agreement country” « pays signataire »
“agreement country” means
(a) any country,
(b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or
(c) any territory over which another country exercises a mandate or trusteeship,
that is prescribed as an agreement country with a view to the fulfilment of a bilateral agreement concerning the rights of plant breeders made between Canada and that country;
“applicant” « requérant »
“applicant” means a person by or on behalf of whom an application for the grant of plant breeder’s rights is made pursuant to section 7;
“breeder” « obtenteur »
“breeder”, in respect of a plant variety, means
(a) where any person acting within the scope of the person’s duties as an officer, servant or employee of another person originates or discovers the plant variety, that other person, and
(b) where any person not acting as described in paragraph (a) originates or discovers the plant variety, that person;
“category” « catégorie »
“category” means a species or any class within a species;
“Commissioner” « directeur »
“Commissioner” means the Commissioner of Plant Breeders’ Rights designated pursuant to subsection 56(2) and, except in section 56, includes any person acting under a written authorization given pursuant to section 58;
“country of the Union” « État de l’Union »
“country of the Union” means
(a) any country,
(b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or
(c) any territory over which another country exercises a mandate or trusteeship,
that is prescribed as a country of the Union with a view to the fulfilment of a convention constituting a Union for protecting new varieties of plants that includes Canada among its members;
“holder” « titulaire »
“holder”, in relation to plant breeder’s rights, means the person whom the register indicates, with respect to a plant variety, is entitled to the plant breeder’s rights respecting that variety by a grant made under section 27 or is an assignee of, or other successor in title to, the rights granted under that section in respect of that variety;
“index” « répertoire »
“index” means the index prepared pursuant to section 62;
“infringement” « violation »
“infringement”, in relation to plant breeder’s rights, means the doing, without authority under this Act, of anything that the holder of those rights has the exclusive right to do as provided in subsection 5(1);
“legal representative” « représentant légal »
“legal representative”, in respect of a breeder of a plant variety, includes the breeder’s executor or administrator and any assignee of, or other successor in title to, the rights of the breeder in respect of the plant variety;
“Minister” « ministre »
“Minister” means the Minister of Agriculture and Agri-Food;
“new variety” « obtention végétale »
“new variety” means a plant variety that complies with the requirements of section 4;
“plant breeder’s rights” « certificat d’obtention »
“plant breeder’s rights” means the rights referred to in subsection 5(1);
“plant variety” « variété végétale »
“plant variety” means any cultivar, clone, breeding line or hybrid of a prescribed category of plant that can be cultivated;
“prescribed” « Version anglaise seulement »