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

Act current to 2020-10-05 and last amended on 2019-06-17. Previous Versions

Civil Remedies (continued)

Marginal note:Defence

 A defendant in an action for infringement of plant breeder’s rights may plead as a matter of defence any of the following grounds but no others, in relation to the invalidity of the plant breeder’s rights:

  • (a) that a condition specified in paragraph 4(2)(a) or (b) was not fulfilled; or

  • (b) that the holder has not complied with paragraph 30(1)(a).

  • (c) [Repealed, 2015, c. 2, s. 31]

  • 1990, c. 20, s. 46
  • 2015, c. 2, s. 31

Marginal note:Admissibility of certificates given outside Canada

 In an action or proceeding respecting plant breeder’s rights that is authorized to be had or taken before a court in Canada pursuant to this Act, a document purporting to be a certificate of the grant of protection of a plant variety by the appropriate authority in a country of the Union or an agreement country or to be a certified copy of an official document relating to any such protection, if the certificate respecting the grant or copy purports to be signed by the proper officer of the government of the country, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document.

  • 1990, c. 20, s. 47
  • 2015, c. 2, s. 32(F)

Marginal note:Commissioner’s costs

 The costs of the Commissioner in proceedings before any court under this Act are in the discretion of the court but the Commissioner shall not be ordered to pay the costs of any other of the parties.

Marginal note:Recording judicial invalidation

  •  (1) A certificate of a decision of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada holding plant breeder’s rights to be invalid shall, at the instance of the person filing it to make it of record in the Plant Breeders’ Rights Office, be noted in relation to those rights in the register.

  • Marginal note:Appeal from decision re validity

    (2) A decision holding or refusing to hold plant breeder’s rights invalid is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which that decision was made.

  • 1990, c. 20, s. 49
  • 2002, c. 8, s. 158
  • 2015, c. 2, s. 33(F)

Marginal note:Appeal to Federal Court

  •  (1) An appeal lies to the Federal Court from a decision on review under any regulations made pursuant to paragraph 75(1)(m) or from a decision of the Commissioner, other than a decision subject to review under any such regulations, where the decision on review is given in respect of, or the Commissioner’s decision is, a decision

    • (a) disposing of an application for the grant of plant breeder’s rights, an objection filed under section 22 or a petition presented under paragraph 26(2)(b);

    • (b) determining whether or not annulment of the grant of plant breeder’s rights is required by section 13;

    • (c) settling terms referred to in subsection 32(2) or determining remuneration or any other matter in disposing of an application for a compulsory licence;

    • (d) determining whether or not to extend, limit, vary or revoke such a licence or determining the extent or manner of any such extension, limitation or variation;

    • (e) determining whether or not to carry out any intention referred to in section 37 or subsection 66(3); or

    • (f) exercising any authority conferred on the Commissioner by section 40.

  • Marginal note:Limitation

    (2) An appeal under subsection (1) shall be brought within two months after the date on which the decision is made or within such further time as the Federal Court may allow, either before or after the expiration of the two months.

  • 1990, c. 20, s. 50
  • 2015, c. 2, s. 34

Marginal note:Transmission of documents to Federal Court

  •  (1) If any proceedings have been instituted in the Federal Court under this Act, the Commissioner shall, at the request of any party to the proceedings and on payment of the prescribed fee, transmit to the Court all records and documents on file in the Plant Breeders’ Rights Office that relate to the matters in question in the proceedings.

  • Marginal note:Idem

    (2) Transmission to the Federal Court by the Commissioner of certificates of entries, certified copies or certified extracts made under the authority of the Commissioner and admissible pursuant to subsection 60(2) or 64(2) or section 65, to the extent that the contents of those records or documents are composed of the entries or shown in the copies or extracts, satisfies the requirements of subsection (1).

  • 1990, c. 20, s. 51
  • 2015, c. 2, s. 35

Marginal note:Judgments to be filed

 A certified copy of every judgment or order made by the Federal Court or the Supreme Court of Canada in relation to any plant breeder’s rights that are recorded or to be recorded on the register or for which an application is pending shall be filed with the Commissioner by an officer of the registry of the Federal Court.

  • 1990, c. 20, s. 52
  • 2015, c. 2, s. 36(F)

Offences

Marginal note:Secrecy

  •  (1) Every person commits an offence who knowingly discloses any information with regard to any variety in respect of which an application for plant breeder’s rights is made or with regard to the business affairs of the applicant that was acquired by that person in performing any functions under this Act except if the information is disclosed

    • (a) to the Minister, the advisory committee or the Commissioner or to any other person for the purposes of the performance by that other person of any functions pursuant to this Act or of any duties in an official capacity for enforcement of this Act; or

    • (b) in compliance with any requirements imposed by or under this Act or by virtue of any power lawfully exercised in the course or for the purposes of any judicial proceedings.

  • Marginal note:Offences respecting denominations and sales

    (2) Every person commits an offence who

    • (a) knowingly contravenes section 15;

    • (b) for the purpose of selling any propagating material, knowingly designates the material by reference to

      • (i) a denomination different from any denomination registered in respect of the plant variety of which the material is propagating material,

      • (ii) a denomination registered in respect of a plant variety of which the material is not propagating material, or

      • (iii) a denomination corresponding so closely to a registered denomination as to mislead; or

    • (c) knowingly, for the purpose of selling any propagating material, represents falsely that the material is propagating material of, or is derived from, a plant variety in respect of which plant breeder’s rights are held or have been applied for.

  • Marginal note:Falsification in relation to administration

    (3) Every person commits an offence who, in relation to the administration of this Act, knowingly

    • (a) makes any false representation;

    • (b) makes or causes to be made any false entry in the register or any record;

    • (c) makes or causes to be made any false document or any alteration, false in a material respect, in the form of a copy of any document; or

    • (d) produces or tenders any document containing false information.

  • Marginal note:Punishment of individuals

    (4) An individual who commits an offence under subsection (1), (2) or (3)

    • (a) is liable on summary conviction to a fine of not more than five thousand dollars; or

    • (b) is liable on conviction on indictment to a fine of not more than fifteen thousand dollars or to imprisonment for a term not exceeding three years, in the case of an offence under subsection (1) or (2), or five years, in the case of an offence under subsection (3), or to both.

  • Marginal note:Punishment of corporations

    (5) A corporation that commits an offence under subsection (1), (2) or (3)

    • (a) is liable on summary conviction to a fine of not more than twenty-five thousand dollars; or

    • (b) is liable on conviction on indictment to a fine the amount of which is in the discretion of the court.

  • Marginal note:Definition of representation

    (6) In this section, representation includes any manner of express or implied representation, by whatever means it is made.

  • Marginal note:Limitation period

    (7) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the day on which the subject matter of the prosecution becomes known to the Commissioner.

  • Marginal note:Commissioner’s certificate

    (8) A document purporting to have been issued by the Commissioner, certifying the day on which the subject matter of any prosecution became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

  • 1990, c. 20, s. 53
  • 1997, c. 6, s. 76
  • 2015, c. 2, s. 37
 
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