Plant Breeders’ Rights Act

Marginal note:No residency or establishment

• 39 (1) If a holder of plant breeder’s rights, in the case of an individual, is not resident in Canada or, in the case of a person that is not an individual, does not have an establishment in Canada, the holder shall have an agent in respect of those rights who is resident in Canada.

• Marginal note:Where agent lacking

  (2) Notwithstanding anything in this Act, where an applicant or a holder of plant breeder’s rights fails to

  • (a) comply with subsection 9(2) or subsection (1), or

  • (b) furnish the Commissioner, in writing, with the name and address of a new agent or with a new and correct address, as the case may require, on notice from the Commissioner that

    • (i) the agent of the applicant or holder has died or, pursuant to section 40, is refused continued recognition by the Commissioner, or

    • (ii) a letter sent by ordinary mail to the agent of the applicant or holder at the agent’s address of which the Commissioner last had notice has been returned undelivered,

  the Commissioner or the Federal Court may, without requirement of service on the applicant or holder, dispose of any proceedings under this Act after the continuance of that failure for the prescribed period or any further period allowed by the Commissioner or the Federal Court, as the case may be.

• Marginal note:Other consequences not affected

  (3) Nothing in subsection (2) affects any consequences, other than those for which that subsection provides, that the applicant or holder may, at law, suffer as a result of any failure described in paragraph (2)(a) or (b).