Marginal note:Concurrent compulsory and other licences permissible
33. (1) A person applying for a compulsory licence may be granted it pursuant to section 32, whether or not that or any other person has a licence, including an exclusive licence granted by the holder, in relation to the plant breeder’s rights that the compulsory licence affects.
Marginal note:No contracting out
(2) An agreement is invalid to the extent that it purports to bind any person not to apply for a compulsory licence or to apply for a grant thereof on any particular terms.
ANNULMENT AND REVOCATION OF GRANTS
Marginal note:Annulment of grant
34. The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of plant breeder’s rights, annul the grant if the Commissioner is satisfied that the requirements specified in paragraph 4(2)(a) or the conditions specified in subsection 7(1) were not fulfilled.
Marginal note:Revocation of plant breeder’s rights
35. (1) The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of any plant breeder’s rights, revoke the rights if the Commissioner is satisfied that
(a) their holder has failed to comply with paragraph 30(1)(a);
(b) their holder has failed, within the prescribed period, to comply with any request of the Commissioner referred to in section 30;
(c) the applicant for the grant of those rights committed a breach of an undertaking given by the applicant under subsection 19(2);
(d) their holder has failed, within the prescribed period, to pay the fee required under subsection 6(2); or
(e) there has been a failure to meet any obligation imposed by, and for the benefit of the holder of, a compulsory licence affecting any such rights by virtue of section 32.
Marginal note:Licensee’s remedies not affected
(2) Nothing in paragraph (1)(e) prejudices any remedies lawfully available, apart from subsection (1), to a holder of a compulsory licence.
36. (1) The Commissioner shall, before annulling a grant of plant breeder’s rights or revoking those rights, give notice in writing that the Commissioner proposes to annul the grant or revoke the rights and the grounds on which the Commissioner proposes to do so to
(a) the holder of those rights;
(b) any person licensed under section 32 to exercise any of those rights; and
(c) any person who appears to the Commissioner to be otherwise sufficiently interested in any of those rights.
(a) the prescribed period after the date on which notice is given under subsection (1), or
(b) such further period as the Commissioner may allow,
any interested person may file with the Commissioner an objection against the intended annulment or revocation to which the notice relates.
Marginal note:Representations to be taken into account
(3) Where, under subsection (2), an interested person files an objection against any intended annulment or revocation, the Commissioner shall not carry out the intention or otherwise dispose of the objection unless the Commissioner has taken into account any representations made by interested persons with respect to the matters in question.
Marginal note:Opportunity to object and make representations
(4) Interested persons having objections to file in accordance with subsection (2) or representations to make for the purposes of subsection (3) shall be given a reasonable opportunity to do so pursuant to such notice as the Commissioner deems appropriate, but nothing in this subsection prejudices the requirements of subsection (1).
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