Plant Breeders’ Rights Act

Marginal note:Decision of Commissioner

• 27 (1) If the Commissioner approves a denomination proposed by an applicant under 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 plant variety meets the requirements set out in section 4 and that the application otherwise conforms to this Act, the Commissioner shall grant plant breeder’s rights in accordance with subsection (3).

• Marginal note:Refusal

  (2) If the Commissioner is not satisfied as described in subsection (1), the Commissioner shall refuse the application.

• Marginal note:Request for exemption

  (2.1) In the case where the applicant for plant breeder’s rights has requested that those rights be exempted from compulsory licensing under subsection 32(1), the Commissioner may, at the time of the grant of those rights, approve that request if the Commissioner is satisfied with the reasons given by the applicant for that request.

• Marginal note:Rights granted by issuance of certificate

  (3) The Commissioner shall, on payment of the prescribed fee,

  • (a) enter in the register the particulars required by section 63 in relation to the plant variety in respect of which the plant breeder’s rights are to be granted; and

  • (b) make the grant by issuing a certificate of plant breeder’s rights in respect of the plant variety 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) If a certificate of plant breeder’s rights issued under paragraph (3)(b) is destroyed or lost, a certified copy may be issued in lieu of that certificate on payment of the prescribed fee.