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Plant Breeders’ Rights Act

Version of section 46 from 2015-02-27 to 2024-10-30:


Marginal note:Defence

 A defendant in an action for infringement of plant breeder’s rights may plead as a matter of defence any of the following grounds but no others, in relation to the invalidity of the plant breeder’s rights:

  • (a) that a condition specified in paragraph 4(2)(a) or (b) was not fulfilled; or

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

  • (c) [Repealed, 2015, c. 2, s. 31]

  • 1990, c. 20, s. 46
  • 2015, c. 2, s. 31

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