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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Plant Breeders' Rights Act


INDEX

Plant Breeders' Rights Act

SHORT TITLE

Short title

INTERPRETATION

Definitions

Prescribing various countries of the Union or agreement countries

HER MAJESTY

Act binds Crown

APPLICATION

Varieties to which Act applies

New varieties

Definition of "sufficiently homogeneous variety"

PLANT BREEDER'S RIGHTS

Nature of plant breeder's rights

Exemption

Implications

Royalty

Term of plant breeder's rights

Payment of annual fee

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

Denomination of new varieties

Rejection of proposed denomination

Suitable denomination

International uniformity of denomination

Change of denomination

Denomination must be recognizable

Approved denomination to be used exclusively

Prior rights not prejudiced

SUMMARY DISPOSITION OF APPLICATIONS

Rejection of application

Opportunity for representations before application rejected

Amendment of application

PROTECTIVE DIRECTIONS

Protective directions

Undertaking

Grant of protective direction

Refusal of grant

Opportunity for representations before refusal

Withdrawal of direction

Procedure

Lapse of direction

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

Grant of plant breeder's rights

Refusal

Registration of grant

Opportunity for representations before refusal of grant

Destroyed or lost certificates

Grant to joint applicants

Automatic licensing

MAINTENANCE OF PROPAGATING MATERIAL

Maintenance of propagating material

Inspection

ASSIGNMENT OF PLANT BREEDER'S RIGHTS

Assignment of plant breeder's rights

Default precluding registration

Unregistered assignment void against subsequent assignee

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

Annulment of grant

Revocation of plant breeder's rights

Licensee's remedies not affected

Procedure

Objection

Representations to be taken into account

Opportunity to object and make representations

Carrying out annulment or revocation

SURRENDER OF PLANT BREEDER'S RIGHTS

Surrender of plant breeder's rights

Fees due not affected

AGENTS

Non-residents

Where agent lacking

Other consequences not affected

Refusal of recognition

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

Secrecy

Offences respecting denominations and sales

Falsification in relation to administration

Punishment of individuals

Punishment of corporations

Definition of "representation"

Limitation period

Minister's certificate

Certificate of examiner as proof

PLANT BREEDERS' RIGHTS OFFICE

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

Publication in Journal to be deemed publication in Canada Gazette

Ignorance no defence in the event of publication

Knowledge or notice, otherwise attributable, unaffected

ADVISORY COMMITTEE

Constitution

Composition

Function

Remuneration

Committee's advice not binding

REGULATIONS

Regulations

Publication of proposed regulations

Exemptions

SEEDS ACT

Seeds Act unaffected

Definition of "seed"

REVIEW OF ACT

Report

Contents of report

Annual report

CONSEQUENTIAL AMENDMENTS

COMING INTO FORCE

Coming into force

RELATED PROVISION

Transitional