GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Breeders’ Rights Act — P-14.6 28
Grant to joint applicants 28 If the Commissioner grants plant breeder’s rights to joint applicants as described in subsection 7(2), the grant shall be in the names of all those joint applicants. 1990, c. 20, s. 28; 2015, c. 2, s. 20
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Maintenance of propagating material 30 (1) A holder of the plant breeder’s rights respecting a plant variety shall (a) ensure that he or she is in a position, throughout the period of his or her registration as the holder, to furnish the Commissioner, on request, with propagating material of that variety that is capable of reproducing that variety so that its identifiable characteristics correspond with those taken into account for the purpose of granting those rights; and (b) provide the Commissioner at the Commissioner’s request with such facilities, free of charge, and with such information as the Commissioner deems necessary in order to be satisfied that the holder is causing the propagating material to be maintained and is otherwise complying with paragraph (a). Inspection (2) Facilities requested under paragraph (1)(b) may include facilities for inspection and the Commissioner has power to undertake the inspection accordingly for the purposes of that paragraph. 1990, c. 20, s. 30; 2015, c. 2, s. 21
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Assignment of plant breeder’s rights 31 (1) The Commissioner shall be, in the prescribed manner and within the prescribed period after the holder of plant breeder’s rights has assigned them, (a) informed of the name and address of the assignee; and (b) furnished with such proof of service of a notice of the assignment on any person granted any of those rights by licence under section 32 as is prescribed or as the Commissioner, in the absence or in lieu of anything so prescribed or in addition thereto, requires. Default precluding registration (2) An assignee who has not complied with subsection (1) may not be registered as the holder of the plant breeder’s rights. Unregistered assignment void against subsequent assignee (3) An assignment of plant breeder’s rights is void against a subsequent assignee thereof for valuable consideration without notice who is registered as the holder of the rights unless, before the subsequent assignee is so registered, the person to whom that assignment is made is registered as holder of the rights.
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Grant of compulsory licences 32 (1) Subject to subsections (2) to (6) and the regulations and if the Commissioner considers that it is appropriate to do so, the Commissioner may, on application by any person, authorize the doing of any act described in any of paragraphs 5(1)(a) to (g) by granting the person a compulsory licence. Objectives on granting compulsory licence (2) In disposing of an application for, and settling the terms of, a compulsory licence pursuant to this section in relation to any plant variety, the Commissioner shall endeavour to secure that (a) the plant variety is made available to the public at reasonable prices, is widely distributed and is maintained in quality; and (b) there is reasonable remuneration, which may include royalty, for the holder of the plant breeder’s rights respecting the plant variety. Provision as regards propagating material (3) A compulsory licence under this section may include terms requiring the holder of the plant breeder’s rights affected by the licence to make propagating material available to the holder of the compulsory licence. Variation and revocation of licence (4) The Commissioner may at any time, on representations made by any interested person, extend, limit, vary or revoke a compulsory licence granted pursuant to this section. Representations by persons adversely affected (5) The Commissioner shall not dispose of any application for, or settle the terms of, a compulsory licence pursuant to this section or exercise jurisdiction pursuant to subsection (4) without giving interested persons who will be adversely affected by the Commissioner’s decision a reasonable opportunity to make representations with respect thereto pursuant to such notice as the Commissioner deems it appropriate to give. Compulsory licence not to be exclusive (6) No compulsory licence that is an exclusive licence shall be granted pursuant to this section. 1990, c. 20, s. 32; 2015, c. 2, s. 22
Plant Breeders’ Rights Act — P-14.6 33
Concurrent compulsory and other licences permissible 33 (1) A person applying for a compulsory licence may be granted it pursuant to section 32, whether or not that or any other person has a licence, including an exclusive licence granted by the holder, in relation to the plant breeder’s rights that the compulsory licence affects. No contracting out (2) An agreement is invalid to the extent that it purports to bind any person not to apply for a compulsory licence or to apply for a grant thereof on any particular terms.
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Annulment of grant 34 The Commissioner may, before the end of the term fixed by subsection 6(1) for a grant of plant breeder’s rights, annul the grant if the Commissioner is satisfied that, at the time of the grant of those rights, the requirements set out in section 4 or the conditions set out in subsection 7(1) were not fulfilled or the holder was otherwise not entitled under this Act to the grant. 1990, c. 20, s. 34; 2015, c. 2, s. 23
Plant Breeders’ Rights Act — P-14.6 35
Revocation of plant breeder’s rights 35 (1) The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of any plant breeder’s rights, revoke the rights if the Commissioner is satisfied that (a) their holder has failed to comply with paragraph 30(1)(a); (b) their holder has failed, within the prescribed period, to comply with any request of the Commissioner referred to in section 30; (c) their holder has failed to comply with a direction under section 16.1 to change the denomination of the plant variety to which the rights relate; (d) their holder has failed, within the prescribed period, to pay the fee required under subsection 6(2); or (e) the plant variety which is the subject of those rights no longer meets the conditions described in paragraph 4(2)(c) or (d). (2) [Repealed, 2015, c. 2, s. 24] 1990, c. 20, s. 35; 2015, c. 2, s. 24
Plant Breeders’ Rights Act — P-14.6 36
Procedure 36 (1) The Commissioner shall, before annulling a grant of plant breeder’s rights or revoking those rights, give notice in writing that the Commissioner proposes to annul the grant or revoke the rights and the grounds on which the Commissioner proposes to do so to (a) the holder of those rights; (b) any person licensed under section 32 to exercise any of those rights; and (c) any person who appears to the Commissioner to be otherwise sufficiently interested in any of those rights. Objection (2) Within (a) the prescribed period after the date on which notice is given under subsection (1), or (b) such further period as the Commissioner may allow, any interested person may file with the Commissioner an objection against the intended annulment or revocation to which the notice relates. Representations to be taken into account (3) Where, under subsection (2), an interested person files an objection against any intended annulment or revocation, the Commissioner shall not carry out the intention or otherwise dispose of the objection unless the Commissioner has taken into account any representations made by interested persons with respect to the matters in question. Opportunity to object and make representations (4) Interested persons having objections to file in accordance with subsection (2) or representations to make for the purposes of subsection (3) shall be given a reasonable opportunity to do so pursuant to such notice as the Commissioner deems appropriate, but nothing in this subsection prejudices the requirements of subsection (1). 1990, c. 20, s. 36; 2015, c. 2, s. 25(F)
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Carrying out annulment or revocation 37 The Commissioner’s intention to annul the grant of plant breeder’s rights pursuant to section 34 or to revoke them pursuant to section 35 shall be carried out on the grounds set out in the notice referred to in subsection 36(1) unless the grounds are shown to be false or, in the case of grounds specified in paragraphs 35(1)(b) to (e), any other cause considered by the Commissioner to be sufficient for abandoning that intention is shown.
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Surrender of plant breeder’s rights 38 (1) The holder of the plant breeder’s rights respecting a plant variety may surrender those rights by giving the Commissioner notice to that effect and, in the case of rights affected by a compulsory licence granted under section 32, by satisfying the Commissioner that a copy of the notice has been given to the holder of that licence. Fees due not affected (2) No surrender of plant breeder’s rights shall affect any liability for any fee due and payable in respect of those rights before the surrender. 1990, c. 20, s. 38; 2015, c. 2, s. 26(F)
Plant Breeders’ Rights Act — P-14.6 39
No residency or establishment 39 (1) If a holder of plant breeder’s rights, in the case of an individual, is not resident in Canada or, in the case of a person that is not an individual, does not have an establishment in Canada, the holder shall have an agent in respect of those rights who is resident in Canada. Where agent lacking (2) Notwithstanding anything in this Act, where an applicant or a holder of plant breeder’s rights fails to (a) comply with subsection 9(2) or subsection (1), or (b) furnish the Commissioner, in writing, with the name and address of a new agent or with a new and correct address, as the case may require, on notice from the Commissioner that (i) the agent of the applicant or holder has died or, pursuant to section 40, is refused continued recognition by the Commissioner, or (ii) a letter sent by ordinary mail to the agent of the applicant or holder at the agent’s address of which the Commissioner last had notice has been returned undelivered, the Commissioner or the Federal Court may, without requirement of service on the applicant or holder, dispose of any proceedings under this Act after the continuance of that failure for the prescribed period or any further period allowed by the Commissioner or the Federal Court, as the case may be. Other consequences not affected (3) Nothing in subsection (2) affects any consequences, other than those for which that subsection provides, that the applicant or holder may, at law, suffer as a result of any failure described in paragraph (2)(a) or (b). 1990, c. 20, s. 39; 2015, c. 2, s. 27
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Refusal of recognition 40 The Commissioner may, for any gross misconduct or prescribed cause or any other reasonable cause considered by the Commissioner to be sufficient, refuse to recognize, or to continue to recognize, any person as authorized by an applicant or a holder of plant breeder’s rights to act in the capacity of agent.
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Infringement 41 (1) A person who infringes plant breeder’s rights is liable to the holder thereof and to all persons claiming under the holder for all damages that are, by reason of the infringement, sustained by the holder or any of those persons and, unless otherwise expressly provided, the holder shall be made a party to any action for the recovery of those damages. Relief in the event of infringement (2) In an action for infringement of plant breeder’s rights that is before a court of competent jurisdiction, the court or a judge thereof may make any interim or final order sought by any of the parties and deemed just by the court or judge, including provision for relief by way of injunction and recovery of damages and generally respecting proceedings in the action and, without limiting the generality of the foregoing, may make an order (a) for restraint of such use, production or sale of the subject-matter of those rights as may constitute such an infringement and for punishment in the event of disobedience of the order for that restraint; (b) for compensation of an aggrieved person; (c) for and in respect of inspection or account; and (d) with respect to the custody or disposition of any offending material, products, wares or articles. Appeals (3) An appeal lies from any order under subsection (2) under the same circumstances and to the same court as from other judgments or orders of the court in which the order is made. 1990, c. 20, s. 41; 2015, c. 2, s. 28(F)
Plant Breeders’ Rights Act — P-14.6 42
Jurisdiction of provincial courts 42 (1) An action for infringement of plant breeder’s rights may be brought in the court of record that, in the province in which the infringement is alleged to have occurred, has jurisdiction pecuniarily to the amount of the damages claimed and that, in relation to other courts of the province, holds its sittings nearest to the place of residence or place of business of the defendant. Proof of jurisdiction (2) The court in which an action is brought in accordance with subsection (1) shall decide the action and determine costs, and assumption of jurisdiction by the court is of itself sufficient proof of jurisdiction. Section 43 not impaired (3) Nothing in this section impairs the jurisdiction of the Federal Court under section 43.
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Jurisdiction of Federal Court 43 (1) The Federal Court has jurisdiction to entertain an action or proceeding, other than the prosecution of an offence, for the enforcement of a provision of this Act or a right or remedy conferred or defined thereby. Idem (2) Subject to section 44, the Federal Court has exclusive original jurisdiction, on the application of the Commissioner or of any interested person, to order that any entry in the register be struck out or amended on the ground that, at the date of that application, the entry as it appears on the register does not indicate with accuracy, to the extent of any requirement thereof by virtue of section 63, existing rights of the person appearing to be the registered holder of the plant breeder’s rights to which that entry relates. Invalidation by Federal Court (3) Subject to section 44, plant breeder’s rights may, at the instance of the Attorney General of Canada or an interested person, be declared invalid by the Federal Court, but only on the following grounds: (a) a condition specified in paragraph 4(2)(a) or (b) was not fulfilled; or (b) the holder has not complied with paragraph 30(1)(a). (c) [Repealed, 2015, c. 2, s. 29] Declaration (4) A person who has reasonable cause to believe that any thing done or proposed to be done by that person might be alleged by the holder of plant breeder’s rights to constitute an infringement of those rights may, subject to subsection (5), bring an action in the Federal Court against the holder for a declaration that the thing so done or proposed to be done does not or would not constitute an infringement. Proceedings not to be taken without giving security (5) A plaintiff, except the Attorney General of Canada or the attorney general of a province, in an action referred to in subsection (4) shall, before proceeding therein, give security for the costs of the holder in such sum as the Court may direct. Defendant not required to give security (6) A defendant in an action for infringement of plant breeder’s rights is not required to give any security for the purpose of obtaining a declaration under subsection (4). 1990, c. 20, s. 43; 2015, c. 2, s. 29
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Restriction 44 No person who has actual notice of a decision given by the Commissioner and a right to its review pursuant to any regulations made under paragraph 75(1)(m) or a right of appeal from that decision or any decision given on its review is entitled to institute any proceeding under subsection 43(2) or (3) calling into question the decision given by the Commissioner or on the review.
Plant Breeders’ Rights Act — P-14.6 45
Holder required to take proceedings 45 (1) A person who has been granted, in respect of plant breeder’s rights, an authorization described in paragraph 5(1)(h) or a compulsory licence under subsection 32(1) may, subject to any agreement between that person and the holder of the rights, (a) call on the holder to take proceedings for infringement of the rights; and (b) where the holder refuses or neglects to take proceedings within the prescribed period after being called on under paragraph (a) to do so, institute in the name of that person, making the holder a defendant, proceedings for infringement as if that person were the holder. Holder not liable for costs (2) A holder who is made a defendant pursuant to paragraph (1)(b) is not liable for any costs unless the holder takes part in the proceedings. 1990, c. 20, s. 45; 2015, c. 2, s. 30
Plant Breeders’ Rights Act — P-14.6 46
Defence 46 A defendant in an action for infringement of plant breeder’s rights may plead as a matter of defence any of the following grounds but no others, in relation to the invalidity of the plant breeder’s rights: (a) that a condition specified in paragraph 4(2)(a) or (b) was not fulfilled; or (b) that the holder has not complied with paragraph 30(1)(a). (c) [Repealed, 2015, c. 2, s. 31] 1990, c. 20, s. 46; 2015, c. 2, s. 31
Plant Breeders’ Rights Act — P-14.6 47
Admissibility of certificates given outside Canada 47 In an action or proceeding respecting plant breeder’s rights that is authorized to be had or taken before a court in Canada pursuant to this Act, a document purporting to be a certificate of the grant of protection of a plant variety by the appropriate authority in a country of the Union or an agreement country or to be a certified copy of an official document relating to any such protection, if the certificate respecting the grant or copy purports to be signed by the proper officer of the government of the country, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document. 1990, c. 20, s. 47; 2015, c. 2, s. 32(F)
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Commissioner’s costs 48 The costs of the Commissioner in proceedings before any court under this Act are in the discretion of the court but the Commissioner shall not be ordered to pay the costs of any other of the parties.
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Recording judicial invalidation 49 (1) A certificate of a decision of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada holding plant breeder’s rights to be invalid shall, at the instance of the person filing it to make it of record in the Plant Breeders’ Rights Office, be noted in relation to those rights in the register. Appeal from decision re validity (2) A decision holding or refusing to hold plant breeder’s rights invalid is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which that decision was made. 1990, c. 20, s. 49; 2002, c. 8, s. 158; 2015, c. 2, s. 33(F)
Plant Breeders’ Rights Act — P-14.6 50
Appeal to Federal Court 50 (1) An appeal lies to the Federal Court from a decision on review under any regulations made pursuant to paragraph 75(1)(m) or from a decision of the Commissioner, other than a decision subject to review under any such regulations, where the decision on review is given in respect of, or the Commissioner’s decision is, a decision (a) disposing of an application for the grant of plant breeder’s rights, an objection filed under section 22 or a petition presented under paragraph 26(2)(b); (b) determining whether or not annulment of the grant of plant breeder’s rights is required by section 13; (c) settling terms referred to in subsection 32(2) or determining remuneration or any other matter in disposing of an application for a compulsory licence; (d) determining whether or not to extend, limit, vary or revoke such a licence or determining the extent or manner of any such extension, limitation or variation; (e) determining whether or not to carry out any intention referred to in section 37 or subsection 66(3); or (f) exercising any authority conferred on the Commissioner by section 40. Limitation (2) An appeal under subsection (1) shall be brought within two months after the date on which the decision is made or within such further time as the Federal Court may allow, either before or after the expiration of the two months. 1990, c. 20, s. 50; 2015, c. 2, s. 34
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Transmission of documents to Federal Court 51 (1) If any proceedings have been instituted in the Federal Court under this Act, the Commissioner shall, at the request of any party to the proceedings and on payment of the prescribed fee, transmit to the Court all records and documents on file in the Plant Breeders’ Rights Office that relate to the matters in question in the proceedings. Idem (2) Transmission to the Federal Court by the Commissioner of certificates of entries, certified copies or certified extracts made under the authority of the Commissioner and admissible pursuant to subsection 60(2) or 64(2) or section 65, to the extent that the contents of those records or documents are composed of the entries or shown in the copies or extracts, satisfies the requirements of subsection (1). 1990, c. 20, s. 51; 2015, c. 2, s. 35
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Judgments to be filed 52 A certified copy of every judgment or order made by the Federal Court or the Supreme Court of Canada in relation to any plant breeder’s rights that are recorded or to be recorded on the register or for which an application is pending shall be filed with the Commissioner by an officer of the registry of the Federal Court. 1990, c. 20, s. 52; 2015, c. 2, s. 36(F)
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Certificate of examiner as proof 54 A certificate purporting to be signed by an officer of the Plant Breeders’ Rights Office who is appointed or designated a principal examiner, stating that a substance or a sample submitted to that examiner by any other officer of that Office has been examined by that examiner and stating the result of the examination is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate. 1990, c. 20, s. 54; 2015, c. 2, s. 38(F)
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Plant Breeders’ Rights Office 56 (1) The Plant Breeders’ Rights Office is part of the Canadian Food Inspection Agency established by the Canadian Food Inspection Agency Act . Commissioner (2) The President of the Canadian Food Inspection Agency shall designate a Commissioner of Plant Breeders’ Rights. Employees (3) The President of the Canadian Food Inspection Agency has the authority to appoint the employees of the Plant Breeders’ Rights Office. Functions of Commissioner (4) The Commissioner shall receive all applications, fees, documents and materials submitted for plant breeders’ rights, shall do all things necessary for the granting of plant breeders’ rights and for the exercise of all other powers conferred, and the discharge of all other duties imposed, on the Commissioner under this Act and shall have the charge and custody of the register and any other documents or materials belonging to the Plant Breeders’ Rights Office. Absence, etc., of Commissioner (5) Where the Commissioner is absent or unable to act or the office of Commissioner is vacant, such other officer as may be designated by the President of the Canadian Food Inspection Agency shall, in the capacity of Acting Commissioner, exercise the powers and perform the duties of the Commissioner. 1990, c. 20, s. 56; 1997, c. 6, s. 78; 2015, c. 2, s. 39