20. An application referred to in subsection 19(1) shall be supported by

• (a) the results of comparative tests and trials to demonstrate that the plant variety is a new variety; and

• (b) photographs and a detailed description of the plant variety that illustrate that the plant variety is clearly distinguishable pursuant to paragraph 4(2)(a) of the Act.

21. Where an application referred to in subsection 19(1) is made by a person other than a breeder, the application shall be accompanied by evidence that establishes that the person is the agent or legal representative of the breeder.

22. Where the Commissioner rejects a proposed denomination pursuant to subsection 14(2) of the Act, an applicant shall submit another proposed denomination in writing to the Commissioner.

• 23. (1) A request for a change of denomination shall be submitted to the Commissioner in writing.

• (2) The Commissioner may approve a change of denomination pursuant to subsection 14(5) of the Act in the following circumstances, namely,

  • (a) where the denomination approved by the Commissioner is not, owing to error, the denomination proposed by the holder;

  • (b) where additional information that becomes available after the grant of plant breeders’ rights justifies a change of denomination; or

  • (c) where an objection has been filed pursuant to subsection 25(2).

24. A change of denomination comes into effect on the date on which it is approved by the Commissioner.

25. [Repealed, SOR/94-750, s. 10]

26. Where the holder of plant breeders’ rights assigns the rights, an assignee shall, for the purposes of subsection 31(1) of the Act, provide the Commissioner in writing with the following particulars:

• (a) the name and address of the previous holder;

• (b) the category and denomination of the plant variety to which the assignment applies;

• (c) the plant breeder’s rights certificate number;

• (d) a letter of assignment signed by both the holder and the assignee, each in the presence of a witness; and

• (e) the effective date of the assignment.

• 27. (1) An application for a compulsory licence shall

  • (a) be in writing;

  • (b) identify the plant variety and category for which the application is made; and

  • (c) state the reasons for the application.

• (2) Any interested person who will be adversely affected by the Commissioner’s decision to grant a compulsory licence may make representations to the Commissioner within 60 days after the date on which notice is given pursuant to subsection 32(5) of the Act.