Plant Breeders’ Rights Act

Marginal note:Preservation of documents

• 67 (1) An application for the grant of plant breeder’s rights and other documents filed with the Commissioner in connection with any such rights shall, subject to subsection (3), be preserved for the prescribed periods.

• Marginal note:Inspection by public, copies and certificates

  (2) Subject to subsection (4),

  • (a) the register,

  • (b) the index, and

  • (c) any documents referred to in subsection (1) that are prescribed for the purposes of this subsection or that may properly, in the opinion of the Commissioner, be open for inspection by the public,

  shall be open for inspection, on payment of the prescribed fees, during business hours at the Plant Breeders’ Rights Office and the Commissioner shall, on request and on payment of the prescribed fee, furnish any person with a copy of, or certificate with regard to, an entry in the register or index or with a copy of any such document.

• Marginal note:Withdrawn application papers to be returned

  (3) Where an application for plant breeder’s rights has been withdrawn, the Commissioner shall return to the applicant at the address indicated in the application all the papers and other material submitted in connection with the application but, to any extent to which it is impracticable for the Commissioner to do so, and on the expiration of the prescribed period for so doing, the Commissioner shall destroy the material.

• Marginal note:Restriction on publication

  (4) An application for plant breeder’s rights and any document or instrument that accompanies it shall not, except with the consent of the applicant or by order of a court for the purposes of proceedings before it, be published by the Commissioner or be open to public inspection at any time before particulars of the application are published in the Canada Gazette pursuant to section 70.