Plant Breeders’ Rights Act

Marginal note:Revocation of plant breeder’s rights

• 35 (1) The Commissioner may, prior to the end of the term fixed by subsection 6(1) for a grant of any plant breeder’s rights, revoke the rights if the Commissioner is satisfied that

  • (a) their holder has failed to comply with paragraph 30(1)(a);

  • (b) their holder has failed, within the prescribed period, to comply with any request of the Commissioner referred to in section 30;

  • (c) the applicant for the grant of those rights committed a breach of an undertaking given by the applicant under subsection 19(2);

  • (d) their holder has failed, within the prescribed period, to pay the fee required under subsection 6(2); or

  • (e) there has been a failure to meet any obligation imposed by, and for the benefit of the holder of, a compulsory licence affecting any such rights by virtue of section 32.

• Marginal note:Licensee’s remedies not affected

  (2) Nothing in paragraph (1)(e) prejudices any remedies lawfully available, apart from subsection (1), to a holder of a compulsory licence.