Plant Breeders’ Rights Act

Marginal note:Maintenance of propagating material

• 30 (1) A holder of the plant breeder’s rights respecting a plant variety shall

  • (a) ensure that the holder is in a position, throughout the period of registration of the holder as such, to furnish the Commissioner at the Commissioner’s request with such propagating material of that variety as is capable of so producing it that its identifiable characteristics correspond with those taken into account for the purpose of granting those rights; and

  • (b) provide the Commissioner at the Commissioner’s request with such facilities, free of charge, and with such information as the Commissioner deems necessary in order to be satisfied that the holder is causing the propagating material to be maintained and is otherwise complying with paragraph (a).

• Marginal note:Inspection

  (2) Facilities requested under paragraph (1)(b) may include facilities for inspection and the Commissioner has power to undertake the inspection accordingly for the purposes of that paragraph.