Government of Canada / Gouvernement du Canada
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Plant Breeders’ Rights Act

Version of section 41 from 2002-12-31 to 2015-02-26:

Marginal note:Infringement

  •  (1) A person who infringes plant breeder’s rights is liable to the holder thereof and to all persons claiming under the holder for all damages that are, by reason of the infringement, sustained by the holder or any of those persons and, unless otherwise expressly provided, the holder shall be made a party to any action for the recovery of those damages.

  • Marginal note:Relief in the event of infringement

    (2) In an action for infringement of plant breeder’s rights that is before a court of competent jurisdiction, the court or a judge thereof may make any interim or final order sought by any of the parties and deemed just by the court or judge, including provision for relief by way of injunction and recovery of damages and generally respecting proceedings in the action and, without limiting the generality of the foregoing, may make an order

    • (a) for restraint of such use, production or sale of the subject-matter of those rights as may constitute such an infringement and for punishment in the event of disobedience of the order for that restraint;

    • (b) for compensation of an aggrieved person;

    • (c) for and in respect of inspection or account; and

    • (d) with respect to the custody or disposition of any offending material, products, wares or articles.

  • Marginal note:Appeals

    (3) An appeal lies from any order under subsection (2) under the same circumstances and to the same court as from other judgments or orders of the court in which the order is made.

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