Plant Breeders’ Rights Act

Marginal note:Recording judicial invalidation

• 49 (1) A certificate of a decision of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada holding plant breeder’s rights to be invalid shall, at the instance of the person filing it to make it of record in the Plant Breeders’ Rights Office, be noted in relation to those rights in the register.

• Marginal note:Appeal from decision re validity

  (2) A decision holding or refusing to hold plant breeder’s rights invalid is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which that decision was made.