Plant Breeders’ Rights Act

Marginal note:Nature of plant breeder’s rights

• 5 (1) Subject to the other provisions of this Act and the regulations, the holder of the plant breeder’s rights respecting a plant variety has the exclusive right

  • (a) to produce and reproduce propagating material of the variety;

  • (b) to condition propagating material of the variety for the purposes of propagating the variety;

  • (c) to sell propagating material of the variety;

  • (d) to export or import propagating material of the variety;

  • (e) to make repeated use of propagating material of the variety to produce commercially another plant variety if the repetition is necessary for that purpose;

  • (f) in the case of a variety to which ornamental plants belong, if those plants are normally marketed for purposes other than propagation, to use any such plants or parts of those plants as propagating material for the production of ornamental plants or cut flowers;

  • (g) to stock propagating material of the variety for the purpose of doing any act described in any of paragraphs (a) to (f); and

  • (h) to authorize, conditionally or unconditionally, the doing of any act described in any of paragraphs (a) to (g).

• Marginal note:Royalty

  (2) Without prejudice to any rights or privileges of the Crown, an authorization conferred under paragraph 1(h) may be subject to a condition to pay royalty to the holder of the plant breeder’s rights whether or not the holder is Her Majesty in right of Canada or a province.