CANADA
REGULATIONS RESPECTING PLANT BREEDERS’ RIGHTS*
SHORT TITLE
These Regulations may be cited as the Plant Breeders’ Rights Regulations.
INTERPRETATION
(1) For the purposes of the Act and these Regulations,
“description” means a narrative that defines the characteristics of a plant variety for the purpose of demonstrating that the variety in question is a new variety; (description)
“identifiable characteristics” means characteristics of a plant variety that may be included in a description and that, when so included, permit a clear distinction to be made between that variety and all other varieties in its category; (caractère identifiable)
“recently prescribed category” means a category set out in Schedule I that has been prescribed for a period of not more than 12 months. (catégorie établie depuis peu par règlement)
“representations” means representations in writing. (observations)
(2) In these Regulations, “Act” means the Plant Breeders’ Rights Act. (Loi)
APPLICATION
Section 3
These Regulations apply to any plant variety belonging to a category set out in Schedule I. COUNTRY OF THE UNION
Any country of the Union that has ratified the International Convention for the Protection of New Varieties of Plants of December 2, 1961, and any revisions thereto, is prescribed to be a country of the Union.
CRITERIA RELATING TO COMMON KNOWLEDGE
For the purposes of Paragraph 4(2)(a) of the Act, the following criteria shall be considered when determining that the existence of a plant variety is a matter of common knowledge, namely,
PRESCRIBED PERIODS
In the case of a new variety of a recently prescribed category, with respect to the requirements concerning the sale or the concurrence in a sale in Canada, the period referred to in Paragraph 7(l)(a) of the Act shall commence on August 1, 1990.
Section 7
outside Canada, the period referred to in Paragraph 7(l)(c) of the Act shall commence not more than four years before the date of receipt by the Commissioner of the application for the grant of plant breeders’ rights respecting the new variety.
An objection made under Subsection 22(1) of the Act in respect of an application for the grant of plant breeders’ rights shall be filed by submitting a written statement within a period of six months after the date of publication of the application.
The applicant is deemed to have abandoned an application for the grant of plant breeders’ rights, pursuant to Subsection 26(1) of the Act, six months after the date of notice of any action by the Commissioner.
Pursuant to Paragraph 26(2)(a) of the Act, the applicant who is deemed to have abandoned his application pursuant to Subsection 26(1) of the Act may have the application reinstated within 30 days after the date on which the application was deemed abandoned.
The petition referred to in Paragraph 26(2)(b) of the Act shall be presented within 90 days after the end of the period set out in Section 9.
Section 12
An assignee shall comply with the requirements of Subsection 31(1) of the Act within 30 days after the date of the assignment of the plant breeders’ rights.
Section 13
A holder of plant breeders’ rights shall comply with the Commissioner’s request, for the purposes of Paragraph 35(l)(b) of the Act, within 60 days after the date of receipt of the request.
An objection made pursuant to Paragraph 36(2)(a) of the Act shall be filed by submitting a written statement to the Commissioner, within 60 days after the date on which notice is given by the Commissioner.
An applicant or a holder of plant breeders’ rights shall correct any failure described in Subsection 39(2) of the Act within 30 days after the date of the notice from the Commissioner relating to the failure.
For the purposes of Paragraph 45(l)(b) of the Act, the holder of plant breeders’ rights shall take proceedings after being called on to do so within 15 days after the date on which the holder is so called.
For the purposes of Subsection 67(1) of the Act, the period for which documents shall be preserved is a period equal to the term of the grant of plant breeders’ rights or a period of six months after the date on which an application for plant breeders’ rights has been deemed to have been abandoned pursuant to Subsection 26(1) of the Act, as the case may be.
Section 18
For the purposes of Subsection 67(3) of the Act, all papers and other material submitted in connection with the application for the grant of plant breeders’ rights shall be returned to the applicant within 30 days after the date of withdrawal of the application.
APPLICATION FOR PLANT BREEDERS’ RIGHTS
Section 19
Section 20
An application referred to in Subsection 19(1) shall be supported by
Where an application referred to in Subsection 19(1) is made by a person other than a breeder, the application shall be accompanied by evidence that establishes that the person is the agent or legal representative.
DENOMINATIONS OF NEW VARIETIES
Where the Commissioner rejects a proposed denomination pursuant to Subsection 14(2) of the Act, an applicant shall submit another proposed denomination in writing to the Commissioner.
Section 24
A change of denomination comes into effect on the date on which it is approved by the Commissioner.
Section 25
ASSIGNMENT OF PLANT BREEDERS’ RIGHTS
Where a holder of plant breeders’ rights assigns the rights pursuant to Subsection 31(1) of the Act, an assignee shall provide the Commissioner in writing with the following particulars:
COMPULSORY LICENCES
Section 27
Where the applicant makes the request referred to in Paragraph 19(l)(m), the Commissioner may grant an exemption from compulsory licensing to allow the applicant sufficient time to multiply and distribute propagating material of the plant variety.
FEES AND CHARGES
The fees and charges payable for the purposes of the Act and these Regulations are as set out in Schedule II and are payable, in Canadian dollars, to the Commissioner.
SCHEDULE I
(Sections 3, 6 and 7)
Not reproduced here.
SCHEDULE II
(Section 29 and Subsection 30(1))
Not reproduced here.
* French full title: Règlement concernant la protection des obtentions végétales French short title: Règlement sur la protection des obtentions végétales Entry into force: November 6, 1991