Plant Breeders’ Rights Act

Marginal note:Jurisdiction of Federal Court

• 43 (1) The Federal Court has jurisdiction to entertain an action or proceeding, other than the prosecution of an offence, for the enforcement of a provision of this Act or a right or remedy conferred or defined thereby.

• Marginal note:Idem

  (2) Subject to section 44, the Federal Court has exclusive original jurisdiction, on the application of the Commissioner or of any interested person, to order that any entry in the register be struck out or amended on the ground that, at the date of that application, the entry as it appears on the register does not indicate with accuracy, to the extent of any requirement thereof by virtue of section 63, existing rights of the person appearing to be the registered holder of the plant breeder’s rights to which that entry relates.

• Marginal note:Invalidation by Federal Court

  (3) Subject to section 44, plant breeder’s rights may, at the instance of the Attorney General of Canada or an interested person, be declared invalid by the Federal Court, but only on the following grounds:

  • (a) a requirement specified in paragraph 4(2)(a) was not fulfilled;

  • (b) a condition specified in paragraph 7(1)(a), (b) or (c) was not fulfilled; or

  • (c) the holder has not complied with paragraph 30(1)(a).

• Marginal note:Declaration

  (4) A person who has reasonable cause to believe that any thing done or proposed to be done by that person might be alleged by the holder of plant breeder’s rights to constitute an infringement of those rights may, subject to subsection (5), bring an action in the Federal Court against the holder for a declaration that the thing so done or proposed to be done does not or would not constitute an infringement.

• Marginal note:Proceedings not to be taken without giving security

  (5) A plaintiff, except the Attorney General of Canada or the attorney general of a province, in an action referred to in subsection (4) shall, before proceeding therein, give security for the costs of the holder in such sum as the Court may direct.

• Marginal note:Defendant not required to give security

  (6) A defendant in an action for infringement of plant breeder’s rights is not required to give any security for the purpose of obtaining a declaration under subsection (4).