Plant Breeders’ Rights Act

Marginal note:Entitlement to apply for plant breeder’s rights

• 7 (1) Subject to section 8, a breeder of a new variety or a legal representative of the breeder may make an application to the Commissioner for the grant of plant breeder’s rights respecting that variety if

  • (a) in the case of a new variety of a recently prescribed category, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety in Canada before the commencement of such period prior to the date of receipt, by the Commissioner, of the application as is prescribed for the purposes of this paragraph;

  • (b) in any other case, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety in Canada before the effective date of the application; and

  • (c) subject to any prescribed exemptions, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety outside Canada before the commencement of such period prior to the date described in paragraph (a) as is prescribed for the purposes of this paragraph.

• Marginal note:Application where breeder’s participation unobtainable for joint application

  (2) Where

  • (a) a new variety is bred by two or more breeders otherwise than independently of each other, and

  • (b) either or any of the persons entitled to make an application for the grant of the plant breeder’s rights respecting that variety refuses to do so or information of the whereabouts of either or any of those persons cannot be obtained through diligent inquiry on the part of the remainder of them,

  the remainder of those persons may make an application for that grant.