Plant Breeders’ Rights Act

Marginal note:Procedure

• 36 (1) The Commissioner shall, before annulling a grant of plant breeder’s rights or revoking those rights, give notice in writing that the Commissioner proposes to annul the grant or revoke the rights and the grounds on which the Commissioner proposes to do so to

  • (a) the holder of those rights;

  • (b) any person licensed under section 32 to exercise any of those rights; and

  • (c) any person who appears to the Commissioner to be otherwise sufficiently interested in any of those rights.

• Marginal note:Objection

  (2) Within

  • (a) the prescribed period after the date on which notice is given under subsection (1), or

  • (b) such further period as the Commissioner may allow,

  any interested person may file with the Commissioner an objection against the intended annulment or revocation to which the notice relates.

• Marginal note:Representations to be taken into account

  (3) Where, under subsection (2), an interested person files an objection against any intended annulment or revocation, the Commissioner shall not carry out the intention or otherwise dispose of the objection unless the Commissioner has taken into account any representations made by interested persons with respect to the matters in question.

• Marginal note:Opportunity to object and make representations

  (4) Interested persons having objections to file in accordance with subsection (2) or representations to make for the purposes of subsection (3) shall be given a reasonable opportunity to do so pursuant to such notice as the Commissioner deems appropriate, but nothing in this subsection prejudices the requirements of subsection (1).