Plant Breeders’ Rights Regulations

19 (1) An application for the grant of plant breeder’s rights shall be made to the Commissioner and contain the following information:

• (a) the name and address of the applicant;

• (b) the name and address of the breeder, if different from the applicant;

• (c) the name and address of any agent or legal representative, where applicable;

• (d) the botanical and common names of the plant variety;

• (e) the proposed denomination;

• (f) whether an application for a protective direction is included;

• (g) a description of the plant variety;

• (h) a statement that the plant variety is a sufficiently homogeneous variety within the meaning of subsection 4(3) of the Act and is stable;

• (i) the manner in which the plant variety was originated;

• (j) where an application for plant breeders’ rights respecting the plant variety has been made or granted in any country other than Canada, the name of the country;

• (k) whether priority is being claimed as a result of a preceding application made by the applicant in a country of the Union or an agreement country;

• (l) where the breeder or a legal representative of the breeder sold or concurred in the sale of the plant variety within or outside Canada, the date of the sale;

• (m) where applicable, any request for exemption from compulsory licencing; and

• (n) the manner in which the propagating material will be maintained.

(2) In an application referred to in subsection (1), the applicant shall include a representative reference sample of viable propagating material of the plant variety that is the subject of the application.