GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Breeders’ Rights Act — P-14.6 5.2
Rights respecting certain other varieties 5.2 (1) Subject to the other provisions of this Act and the regulations, the holder of the plant breeder’s rights respecting a plant variety has the exclusive right to do any act described in any of paragraphs 5(1)(a) to (h) in respect of (a) any other plant variety that is essentially derived from the plant variety if the plant variety is not itself essentially derived from another plant variety; (b) any other plant variety that is not clearly distinguishable from the plant variety; and (c) any other plant variety whose production requires the repeated use of the plant variety. Meaning of essentially derived (2) For the purpose of paragraph (1)(a), a plant variety is essentially derived from another plant variety (in this subsection referred to as the “initial variety”) if (a) it is predominantly derived from the initial variety or from a plant variety that is itself predominantly derived from the initial variety and it retains the essential characteristics that result from the genotype or combination of genotypes of the initial variety; (b) it is clearly distinguishable from the initial variety; and (c) it conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety, except for the differences that result from its derivation from the initial variety. 2015, c. 2, s. 5
Plant Breeders’ Rights Act — P-14.6 5.3
Non-application of rights 5.3 (1) The rights referred to in sections 5 to 5.2 do not apply to any act done (a) privately and for non-commercial purposes; (b) for experimental purposes; or (c) for the purpose of breeding other plant varieties. Farmers’ privilege (2) The rights referred to in paragraphs 5(1)(a) and (b) and — for the purposes of exercising those rights and the right to store — the right referred to in paragraph 5(1)(g) do not apply to harvested material of the plant variety that is grown by a farmer on the farmer’s holdings and used by the farmer on those holdings for the sole purpose of propagation of the plant variety. 2015, c. 2, s. 5
Plant Breeders’ Rights Act — P-14.6 5.4
Non-application of rights 5.4 (1) The rights referred to in sections 5 to 5.2 do not apply to any act done in relation to material of a plant variety after the material has been sold in Canada by the holder or with the holder’s consent, unless that act involves (a) the further propagation of the plant variety; or (b) the export of material of the plant variety to a country that does not protect varieties of the plant genus or species to which the exported plant variety belongs if the exported material is not intended for consumption. Definition of material (2) For the purpose of subsection (1), material means propagating material and harvested material, including whole plants and parts of plants. 2015, c. 2, s. 5
Plant Breeders’ Rights Act — P-14.6 6
Term of plant breeder’s rights 6 (1) The term of the grant of plant breeder’s rights, subject to earlier termination under this Act, shall be a period of 25 years in the case of a tree, a vine or any category specified by the regulations and 20 years in any other case. The period begins on the day on which the certificate of plant breeder’s rights is issued. Payment of annual fee (2) A holder of plant breeder’s rights shall, during the term of the grant of those rights, pay to the Commissioner, within the prescribed time, the prescribed annual fee. 1990, c. 20, s. 6; 2015, c. 2, s. 5
Plant Breeders’ Rights Act — P-14.6 7
Application for plant breeder’s rights 7 (1) A breeder or the breeder’s legal representative may make an application to the Commissioner for the grant of plant breeder’s rights respecting a plant variety if, in the case of an individual, the breeder or legal representative is a citizen of, or is resident in, Canada, a country of the Union or an agreement country or, in the case of a person that is not an individual, the breeder or legal representative has an establishment in Canada, a country of the Union or an agreement country. If two or more breeders (2) If a plant variety is bred by two or more breeders otherwise than independently of each other, the persons entitled to make an application for the grant of plant breeder’s rights respecting that variety may make an application jointly and, if any of those persons refuses to do so or information regarding their whereabouts cannot be obtained through diligent inquiry, the remainder of those persons may make an application for that grant. 1990, c. 20, s. 7; 2015, c. 2, s. 6
Plant Breeders’ Rights Act — P-14.6 9
How application to be made 9 (1) An application for the grant of plant breeder’s rights must (a) include the prescribed information and be made in the prescribed manner; (b) be accompanied by the prescribed fee; (c) be supported by the prescribed documents and any other prescribed material; and (d) in the case where the applicant wishes to request that those rights be exempted from compulsory licensing under subsection 32(1), include the request and his or her reasons for it. Agent required for non-resident applicant (2) An applicant that, in the case of an individual, is not resident in Canada and, in the case of a person that is not an individual, does not have an establishment in Canada shall submit the application through an agent resident in Canada. 1990, c. 20, s. 9; 2015, c. 2, s. 7
Plant Breeders’ Rights Act — P-14.6 10
Filing date of application 10 (1) Subject to subsection 11(1), the filing date of an application for the grant of plant breeder’s rights is the date on which the Commissioner has received, in respect of the application, all of the information, fees, documents and other materials that are required by subsection 9(1). Notice of filing date (2) The Commissioner shall send to the applicant a notice specifying the filing date. 1990, c. 20, s. 10; 2015, c. 2, s. 7
Plant Breeders’ Rights Act — P-14.6 10.1
Priority when breeders breed independently 10.1 In the case of two or more applications respecting a plant variety whose breeders bred it independently of each other, priority shall be given to the application with the earliest filing date. If the filing dates of the applications are the same, priority shall be given to the application pertaining to the breeder that was first in a position to apply for the plant breeder’s rights respecting the variety or that would have been first in the position to do so if the provisions under this Act for so doing had always been in force. 2015, c. 2, s. 7
Plant Breeders’ Rights Act — P-14.6 11
Priority when preceding application in country of Union or agreement country 11 (1) If an application made under section 7 is preceded by another application made in a country of the Union or an agreement country for protection in respect of the same plant variety and the same breeder, the filing date of the application made under section 7 is deemed to be the date on which the preceding application was made in that country of the Union or agreement country and, consequently, the applicant is entitled to priority in Canada despite any intervening use, publication or application respecting the variety if (a) the application is made in the prescribed form within 12 months after the date on which the preceding application was made in that country of the Union or agreement country; and (b) the application is accompanied by a claim respecting the priority and by the prescribed fee. Confirmation of claim to priority (2) A claim respecting priority based on a preceding application made in a country of the Union or an agreement country shall not be allowed unless, within three months after the date that would be the filing date of the application if there were no claim respecting priority, the claim is confirmed by filing with the Commissioner a copy, certified as correct by the appropriate authority in that country of the Union or agreement country and accompanied by an English or French translation of the certified copy, if made in any other language, of each document that constituted the preceding application. Supporting evidence (3) An applicant that is given priority shall provide, within a period of three years after the date on which the preceding application was made in the country of the Union or agreement country, evidence that the applicant has begun the tests and trials with the plant variety referred to in subsection 23(2). Two or more preceding applications (4) If an application made under section 7 is preceded by two or more applications made in different countries of the Union or agreement countries for protection in respect of the same plant variety and the same breeder, only the first of those preceding applications is to be taken into account for the purposes of subsection (1). 1990, c. 20, s. 11; 2015, c. 2, s. 7
Plant Breeders’ Rights Act — P-14.6 12
Priority conditional on residence, etc. 12 (1) No claim referred to in paragraph 11(1)(b) shall be based on any preceding application unless it was made by a person who, at the time of the application, was entitled to make an application under subsection 7(1). When previous application disregarded (2) For the purposes of subsection 11(1), no account shall be taken of an application that was made in a country outside Canada at a time when the plant variety to which the application relates did not belong to a prescribed category. 1990, c. 20, s. 12; 2015, c. 2, s. 8
Plant Breeders’ Rights Act — P-14.6 13
Priority established over previous grant 13 Where priority for an application is established pursuant to this Act, the Commissioner shall refuse any application against which the priority is established or, if the priority against it is established after granting on it any plant breeder’s rights, the Commissioner shall annul the grant and section 36 and paragraph 70(3)(b) apply, with such modifications as the circumstances require, in respect of the annulment.
Plant Breeders’ Rights Act — P-14.6 14
Designation of denominations 14 (1) A plant variety in respect of which an application for the grant of plant breeder’s rights is made shall be designated by means of a denomination proposed by the applicant and approved by the Commissioner. Rejection of proposed denomination (2) Where a denomination is proposed pursuant to subsection (1), the Commissioner may, during the pendency of the application referred to in that subsection, reject the proposed denomination, if considered unsuitable for any reasonable cause by the Commissioner, and direct the applicant to submit a suitable denomination instead. Suitable denomination (3) A denomination, in order to be suitable pursuant to this section, must conform to the prescribed requirements and must not be such as to be likely to mislead or to cause confusion concerning the characteristics, value or identity of the variety in question or the identity of its breeder. International uniformity of denomination (4) A denomination that the Commissioner approves for any plant variety in respect of which protection has been granted by, or an application for protection has been submitted to, the appropriate authority in a country of the Union or an agreement country must, subject to subsections (2), (3) and (5), be the same as the denomination with reference to which that protection has been granted or that application submitted. Change of denomination (5) A denomination approved by the Commissioner pursuant to this section may be changed with the Commissioner’s approval in the prescribed circumstances and manner. Denomination must be recognizable (6) Where a trademark, trade name or other similar indication is used in association with a denomination approved by the Commissioner pursuant to this section, the denomination must be easily recognizable. 1990, c. 20, s. 14; 2014, c. 20, s. 366(E); 2015, c. 2, s. 10
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Approved denomination to be used exclusively 15 After the grant of plant breeder’s rights respecting any plant variety, and even after the expiry of the term of the grant of those rights, every person who is designating the variety for the purposes of the sale of propagating material of the variety shall use the denomination approved by the Commissioner. 1990, c. 20, s. 15; 2015, c. 2, s. 11
Plant Breeders’ Rights Act — P-14.6 16
Prior rights not prejudiced 16 Nothing in section 14 or 15 authorizes or requires any person to use, or the Commissioner to approve any person’s use of, a denomination to the prejudice of any prior right of another person to the use of any designation.
Plant Breeders’ Rights Act — P-14.6 16.1
Direction to change denomination 16.1 If, after the grant of plant breeder’s rights respecting any plant variety, the Commissioner has reasonable grounds to believe that the use of the denomination is unsuitable or that the prior rights of another person are prejudiced by its use, the Commissioner may direct the holder to change the denomination, subject to the Commissioner’s approval of the new denomination. 2015, c. 2, s. 12
Plant Breeders’ Rights Act — P-14.6 17
Rejection of application 17 (1) The Commissioner may reject an application for the grant of plant breeder’s rights if the application is not consistent with any provision of this Act or the regulations, including if the plant variety in respect of which the application is made is not a new variety or if the applicant is not entitled to apply under section 7. Opportunity for representations before application rejected (2) The Commissioner shall not reject the application of a person for the grant of plant breeder’s rights without first giving the person notice of the objections to it and of the grounds for those objections as well as a reasonable opportunity to make representations with respect thereto. 1990, c. 20, s. 17; 2015, c. 2, s. 13
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Amendment of application 18 An applicant may, within the period prescribed for so doing, or with leave given by the Commissioner at the applicant’s request after the expiry of that period, add to or alter the denomination proposed by that applicant under section 14 or the description of the plant variety for the purposes of the application. 1990, c. 20, s. 18; 2015, c. 2, s. 14
Plant Breeders’ Rights Act — P-14.6 19
Applicant’s rights 19 (1) Subject to subsection (2), an applicant for the grant of plant breeder’s rights in respect of a plant variety has, as of the filing date of the application, the same rights in respect of the variety that he or she would have under sections 5 to 5.2 if plant breeder’s rights were to be granted. When rights in effect (2) If the applicant is granted plant breeder’s rights, the applicant is, in respect of the period beginning on the filing date and ending on the date on which the plant breeder’s rights are granted, entitled to equitable remuneration from any person who, having been notified in writing by the applicant that the application for those rights has been filed under this Act, carried out acts that require the authorization of the applicant. 1990, c. 20, s. 19; 2015, c. 2, s. 14
Plant Breeders’ Rights Act — P-14.6 20
Rights extinguished 20 (1) The rights granted under section 19 cease if the application is withdrawn by the applicant, is rejected or refused or is deemed to have been abandoned under section 26. Reinstatement of application (2) Despite subsection (1), if an application that is deemed to have been abandoned is subsequently reinstated, the rights granted under section 19 are deemed never to have ceased. 1990, c. 20, s. 20; 2015, c. 2, s. 14
Plant Breeders’ Rights Act — P-14.6 21
Filing date — claim respecting priority 21 For the purposes of sections 19 and 20, with respect to an applicant that has made a claim respecting priority under section 11, the filing date is the date that would be the filing date of the application if there were no claim respecting priority. 1990, c. 20, s. 21; 2015, c. 2, s. 14
Plant Breeders’ Rights Act — P-14.6 22
Making objection to application 22 (1) A person who considers that an application in respect of which particulars have been published under section 70 ought to be refused on any ground that constitutes a basis for rejection under section 17 or that a request in the application for an exemption from compulsory licensing ought to be refused, may, on payment of the prescribed fee, file with the Commissioner, within the prescribed period beginning on the date of publication, an objection specifying that person’s reasons. The prescribed fees are not required in the case of an objection made for the purpose of this subsection under the authority of the Minister of Industry after notice under subsection 70(2). Copy of objection to be sent to applicant (2) As soon as practicable after the filing of an objection pursuant to subsection (1), the Commissioner shall send a copy of the objection to the person in respect of whose application the objection is filed, unless the Commissioner rejects the objection in accordance with subsection (3). Rejection of objection (3) Where it appears to the Commissioner that there is good reason for rejecting an objection referred to in subsection (2), the Commissioner shall give the person making the objection a reasonable opportunity to show cause why the objection should not be rejected and, if the person shows the Commissioner no such cause, the Commissioner shall reject the objection and give notice accordingly to the person. Representations by objector and applicant (4) If the objection is not rejected in accordance with subsection (3), the Commissioner shall give the person making the objection and the person in respect of whose application the objection is filed a reasonable opportunity to make representations with respect to the objection and shall take those representations into account before making the decision to refuse the application or to grant plant breeder’s rights with or without an exemption from compulsory licensing. Upholding objection (5) Where the Commissioner upholds an objection made under this section, the Commissioner shall refuse the application or request therein for exemption accordingly. 1990, c. 20, s. 22; 1995, c. 1, s. 52; 2015, c. 2, s. 15
Plant Breeders’ Rights Act — P-14.6 23
Consideration of applications 23 (1) After the publication under section 70 of the particulars of an application, the Commissioner shall, in order to ascertain whether it conforms to this Act, consider the application and all documents and any other material that are submitted to the Commissioner in connection with the application. Tests and trials (2) For the purpose of determining if the plant variety to which the application relates meets the requirements set out in section 4, the Commissioner shall require the performance of any tests and trials with the plant variety, under any conditions, as the Commissioner considers necessary. Fee and materials (3) The person on whose part material is submitted for consideration under subsection (1) shall, without prejudice to the requirements of subsection 9(1) and at the time and place that the Commissioner directs, (a) pay the appropriate prescribed examination fee; (b) provide any of the following that the Commissioner considers necessary for the purposes of carrying out or evaluating the results of tests and trials with the plant variety in question: (i) propagating materials, (ii) information, whether by way of photographs, drawings, documentation or otherwise, respecting the plant variety, and (iii) specimens of the plant variety or of parts of it; and (c) provide any prescribed information, documents or materials. 1990, c. 20, s. 23; 2015, c. 2, s. 16
Plant Breeders’ Rights Act — P-14.6 24
Acceptance of foreign results 24 (1) If the Commissioner obtains from an appropriate authority in any country of the Union or agreement country the official results of tests and trials referred to in subsection 23(2) and the Commissioner considers them to be acceptable, the Commissioner may rely on those results. The person on whose part material is submitted for consideration under subsection 23(1) shall pay the costs incurred in obtaining those results. Submission to foreign tests and trials (2) The Commissioner may submit to the appropriate authority in a country of the Union or an agreement country, in order that any necessary tests and trials may be undertaken in that country with the plant variety in question, anything furnished in support, as required by subsection 9(1), of an application or in compliance with subsection 23(3) and the Commissioner may accept such results of any of the tests and trials as are furnished by that authority. 1990, c. 20, s. 24; 2015, c. 2, s. 17
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Prohibition during pendency of objection 25 Subject to the regulations, where an objection to an application has been filed under section 22, the Commissioner shall not, before disposal of the objection, carry out in respect of the application any functions of the Commissioner under section 23 or 24.
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Abandonment of application 26 (1) An application shall be deemed to have been abandoned on failure of the applicant to prosecute the application, whether in default of compliance with subsection 23(3) or of payment of any fee pursuant to subsection 27(3) or otherwise, within the prescribed period after the taking on the part of the Commissioner, with respect to the application, of any action of which the Commissioner gives notice to the applicant. Reinstatement of abandoned application (2) An application deemed abandoned pursuant to subsection (1) may be reinstated (a) within the prescribed time and on payment of the prescribed fee; or (b) on petition presented to the Commissioner within the prescribed time subsequent to the time referred to in paragraph (a) and on payment of the prescribed fee if the petitioner satisfies the Commissioner that the failure to prosecute the application was not reasonably avoidable. 1990, c. 20, s. 26; 2015, c. 2, s. 18(F)
Plant Breeders’ Rights Act — P-14.6 27
Decision of Commissioner 27 (1) If the Commissioner approves a denomination proposed by an applicant under section 14 and, after consideration of the application in accordance with subsection 23(1) and evaluation of the results of any tests and trials carried out with the plant variety to which the application relates, the Commissioner is satisfied that the plant variety meets the requirements set out in section 4 and that the application otherwise conforms to this Act, the Commissioner shall grant plant breeder’s rights in accordance with subsection (3). Refusal (2) If the Commissioner is not satisfied as described in subsection (1), the Commissioner shall refuse the application. Request for exemption (2.1) In the case where the applicant for plant breeder’s rights has requested that those rights be exempted from compulsory licensing under subsection 32(1), the Commissioner may, at the time of the grant of those rights, approve that request if the Commissioner is satisfied with the reasons given by the applicant for that request. Rights granted by issuance of certificate (3) The Commissioner shall, on payment of the prescribed fee, (a) enter in the register the particulars required by section 63 in relation to the plant variety in respect of which the plant breeder’s rights are to be granted; and (b) make the grant by issuing a certificate of plant breeder’s rights in respect of the plant variety to the applicant. Opportunity for representations before refusal of grant (4) The Commissioner shall not refuse the application of a person for the grant of plant breeder’s rights without first giving the person notice of the objections to it and of the grounds for those objections as well as a reasonable opportunity to make representations with respect thereto. Destroyed or lost certificates (5) If a certificate of plant breeder’s rights issued under paragraph (3)(b) is destroyed or lost, a certified copy may be issued in lieu of that certificate on payment of the prescribed fee. 1990, c. 20, s. 27; 2015, c. 2, s. 19