Marginal note:Approved denomination to be used exclusively
15. After the grant of the plant breeder’s rights respecting any new variety, every person designating the variety for the purposes of the sale of propagating material thereof by that person, whether before or after the expiration of the term of the grant of those rights, shall only use the denomination approved by the Commissioner pursuant to section 14.
Marginal note:Prior rights not prejudiced
16. Nothing in section 14 or 15 authorizes or requires any person to use, or the Commissioner to approve any person’s use of, a denomination to the prejudice of any prior right of another person to the use of any designation.
SUMMARY DISPOSITION OF APPLICATIONS
Marginal note:Rejection of application
17. (1) The Commissioner may reject an application for the grant of plant breeder’s rights if any incompatibility with this Act or the regulations appears with regard to the application and, without limiting the generality of the foregoing, the Commissioner may reject an application if it appears
(a) that the variety in respect of which the application is made is not a new variety; or
(b) that the person making the application is not entitled in accordance with section 7 or 8 to do so.
Marginal note:Opportunity for representations before application rejected
(2) The Commissioner shall not reject the application of a person for the grant of plant breeder’s rights 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.
Marginal note:Amendment of application
18. An applicant may, within the period prescribed for so doing, or with leave given by the Commissioner at the applicant’s request after the expiration of that period, add to or alter the denomination proposed by that applicant pursuant to section 14 or the description of the new variety for the purposes of the application.
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.
(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.
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