Plant Breeders’ Rights Act

Marginal note:Protective directions

• 19 (1) An application for the grant of plant breeder’s rights may include an application, accompanied by the fee prescribed in respect thereof, to the Commissioner for a protective direction respecting the plant variety in relation to which the application is made.

• Marginal note:Undertaking

  (2) Every person applying for a protective direction in accordance with subsection (1) shall undertake not to sell during the subsistence thereof propagating material of the plant variety unless the sale is made in good faith for purposes of scientific research, is part of a transaction involving the sale of the plant breeder’s rights or consists of the sale of propagating material for the purpose of accumulating stock for subsequent resale to that person.

• Marginal note:Grant of protective direction

  (3) Subject to subsection (4), where the undertaking required by subsection (2) is given, the Commissioner shall grant a protective direction to the person giving the undertaking and anything done while the protective direction is in force that, if the plant breeder’s rights respecting the plant variety were granted, would constitute an infringement of those rights is actionable pursuant to this section as if it were such an infringement.

• Marginal note:Refusal of grant

  (4) Where the Commissioner has reason to suspect that a person whose application for the grant of plant breeder’s rights includes an application for a protective direction is not entitled in accordance with section 7 or 8 to make the application for that grant, the Commissioner shall refuse to grant the protective direction.

• Marginal note:Opportunity for representations before refusal

  (5) The Commissioner shall not refuse to grant a protective direction to a person without first giving the person notice of the objections to it and of the grounds for those objections as well as a reasonable opportunity to make representations with respect thereto.