Plant Breeders’ Rights Act

Marginal note:Rejection of application

• 17 (1) The Commissioner may reject an application for the grant of plant breeder’s rights if any incompatibility with this Act or the regulations appears with regard to the application and, without limiting the generality of the foregoing, the Commissioner may reject an application if it appears

  • (a) that the variety in respect of which the application is made is not a new variety; or

  • (b) that the person making the application is not entitled in accordance with section 7 or 8 to do so.

• Marginal note: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.