GRANT, REFUSAL AND DISPOSAL OF PLANT BREEDER’S RIGHTS
Marginal note:Grant of plant breeder’s rights
27. (1) Where the Commissioner approves a denomination proposed by an applicant pursuant to section 14 and, after consideration of the application in accordance with subsection 23(1) and evaluation of the results of any tests and trials carried out with the plant variety to which the application relates, the Commissioner is satisfied that the application
(a) is made by the applicant with respect to a new variety, and
(b) otherwise conforms to this Act,
the Commissioner shall, except in the circumstances described in paragraph (2)(b), grant plant breeder’s rights respecting that new variety to the applicant in accordance with subsection (3).
(2) Where the Commissioner
(a) is not satisfied, after consideration of an application and evaluation of results, as described in subsection (1), or
(b) has, pursuant to paragraph 20(1)(b), withdrawn a protective direction and finds no reason considered by the Commissioner to be sufficient for nevertheless granting the plant breeder’s rights to the applicant to whom the protective direction was granted,
the Commissioner shall refuse the application.
Marginal note:Registration of grant
(3) The Commissioner shall, on payment of the prescribed fee in respect of the grant under subsection (1) of plant breeder’s rights,
(a) enter in the register the particulars required by section 63 in relation to the new variety in respect of which the rights are granted; and
(b) make the grant by issuing a certificate of registration in respect thereof to the applicant.
Marginal note:Opportunity for representations before refusal of grant
(4) The Commissioner shall not refuse 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:Destroyed or lost certificates
(5) Where a certificate of registration issued pursuant to paragraph (3)(b) is destroyed or lost, a certified copy may be issued in lieu thereof on payment of the prescribed fee.
Marginal note:Grant to joint applicants
28. Where the Commissioner grants plant breeder’s rights to persons constituting a remainder mentioned in subsection 7(2) or to other joint applicants, the grant shall be in the names of all those persons or other joint applicants.
Marginal note:Automatic licensing
29. The grant of the plant breeder’s rights respecting a plant variety is subject to any conditions related to its category that are prescribed for the purpose of requiring the holder of those rights to authorize, pursuant to paragraph 5(1)(d), the doing of an act described in paragraphs 5(1)(a) to (c).
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