Plant Breeders’ Rights Act

Marginal note:Making objection to application for plant breeder’s rights

• 22 (1) A person who considers that an application of which particulars have been published pursuant to section 70 ought to be refused

  • (a) on any ground that constitutes a basis for rejection pursuant to section 17, or

  • (b) in so far as an exemption referred to in subparagraph 75(1)(k)(i) is requested in the application,

  may, on payment of the prescribed fee, except 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), file with the Commissioner, within the prescribed period after the date of publication, an objection specifying that person’s reasons for so considering.

• Marginal note: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).

• Marginal note: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.

• Marginal note:Opportunities for objector and applicant to be heard

  (4) Where an objection to an application is filed with the Commissioner and is not rejected in accordance with subsection (3), the Commissioner shall not make or refuse the grant of plant breeder’s rights on the application until the Commissioner has considered the objection and given the persons making the objection and application a reasonable opportunity to make representations with respect thereto.

• Marginal note: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.