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
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