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Plant Breeders' Rights Act (S.C. 1990, c. 20).

Country/Territory
Canada
Document type
Legislation
Date
1990 (2015)
Source
FAO, FAOLEX
Long title
An Act respecting plant breeders' rights.
Subject
Cultivated plants
Keyword
Basic legislation Breeders' rights/farmers' rights Plant variety Planting material/seeds Authorization/permit Registration Access-to-information Institution Plant production Intellectual property rights/patents
Geographical area
Americas, Arctic, Asia and the Pacific, East Pacific, North America, North Atlantic
Abstract

The varieties of plants in respect of which this Act provides for the granting of plant breeders' rights are restricted to those varieties belonging to prescribed categories and found by the Commissioner of Plant Breeders' Rights designated pursuant to subsection 56, pursuant to subsection 27(1), to be new varieties. (sect. 4). A plant variety is a new variety if it; (a) is, by reason of one or more identifiable characteristics, clearly distinguishable from all varieties the existence of which is a matter of common knowledge at the effective date of application for the grant of the plant breeder's rights respecting that plant variety; (b) is stable in its essential characteristics in that after repeated reproduction or propagation or, where the applicant has defined a particular cycle of reproduction or multiplication, at the end of each cycle, remains true to its description; and; (c) is, having regard to the particular features of its sexual reproduction or vegetative propagation, a sufficiently homogeneous variety. "Sufficiently homogeneous variety" means such a variety that, in the event of its sexual reproduction or vegetative propagation in substantial quantity, any variations in characteristics of plants so reproduced or propagated are predictable, capable of being described and commercially acceptable. Section 5 defines the content of a plant breeders' right. Sections 7 to 29 provide for applications for plant breeders' rights including denomination of new varieties (sect. 14 and following). Section 19 provides for protective directions to be included by an applicant in an application. Remaining sections deal with maintenance of propagating material, assignment of plant breeder's rights, grant of compulsory licences by the Commissioner, agents acting for non-resident holders, civil remedies and offences, Plant Breeders' Rights Office, the Commissioner of Plant Breeders' Rights, records and publication, a committee to advise the Minister and regulation making powers of the Minister. (82 sections)

Full text
English
Website
www.gc.ca

References - Legislation

Implemented by

Plant Breeders’ Rights Regulations (SOR/91-594).

Legislation | Canada | 1991 (2012)

Keyword: Breeders' rights/farmers' rights, Plant variety, Planting material/seeds, Authorization/permit, Registration, Access-to-information, Institution, Plant production, Intellectual property rights/patents

Source: FAO, FAOLEX