Plant Breeders’ Rights Act

Marginal note:Priority conditional on residence, etc.

• 12 (1) No claim referred to in paragraph 11(1)(b) shall be based on any preceding application unless it was made by a person who, at the time of the application, was a citizen of, or a person resident or having a registered office in, Canada or a country of the Union or an agreement country.

• Marginal note:When previous application disregarded

  (2) For the purposes of subsection 11(1), no account shall be taken of an application that was made in a country outside Canada at a time when the plant variety to which the application relates did not belong to a prescribed category.