Plant Breeders’ Rights Act

Marginal note:Revocation of plant breeder’s rights

• 35 (1) The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of any plant breeder’s rights, revoke the rights if the Commissioner is satisfied that

  • (a) their holder has failed to comply with paragraph 30(1)(a);

  • (b) their holder has failed, within the prescribed period, to comply with any request of the Commissioner referred to in section 30;

  • (c) their holder has failed to comply with a direction under section 16.1 to change the denomination of the plant variety to which the rights relate;

  • (d) their holder has failed, within the prescribed period, to pay the fee required under subsection 6(2); or

  • (e) the plant variety which is the subject of those rights no longer meets the conditions described in paragraph 4(2)(c) or (d).

• (2) [Repealed, 2015, c. 2, s. 24]