Plant Breeders’ Rights Act

Marginal note:Priority and dating of application

• 10 (1) Subject to subsections (2) and 11(1), the effective date of an application is the date on which the application is received by the Commissioner and, in the case of receipt by the Commissioner of two or more applications respecting a new variety the breeders of which bred it independently of each other, priority shall be given to the application first received by the Commissioner.

• Marginal note:Applications of same date

  (2) Where the effective dates of applications described in subsection (1) are the same, priority shall be given to the application pertaining to the breeder who was first in a position to apply for the plant breeder’s rights respecting the new variety or who would have been first in the position to do so if the provision made by or under this Act for so doing had always been in force.