Plant Breeders’ Rights Act

Marginal note:Withdrawal of direction

• 20 (1) The Commissioner may withdraw a protective direction if the person to whom it was granted so requests and, notwithstanding the absence of any such request, the Commissioner shall withdraw a protective direction if the Commissioner is satisfied that

  • (a) the person to whom it was granted has given an undertaking, whether or not for consideration, not to institute proceedings pursuant to section 19; or

  • (b) a breach of the undertaking given by the person pursuant to subsection 19(2) has occurred.

• Marginal note:Procedure

  (2) Section 36 applies, with such modifications as the circumstances require, in respect of the withdrawal of a protective direction as that section applies in respect of the revocation of plant breeder’s rights.