Plant Breeders’ Rights Act

Marginal note:Priority based on preceding application in country of Union or agreement country

• 11 (1) Where an application made under section 7 is preceded by an application made, in the appropriate manner, in a country of the Union or an agreement country, for protection pursuant to the breeding of the same new variety by the same breeder as in the case of the application made under section 7, the date that is the effective date of the application made in that country shall be deemed to be the effective date of the application made under section 7 and the applicant is entitled to priority in Canada accordingly, notwithstanding any intervening use, publication or application respecting the new variety, if

  • (a) the application is made under section 7 in the prescribed form within twelve months after the date on which the application was made in that country; and

  • (b) the application made under section 7 includes or is accompanied by a claim respecting the priority and is accompanied by the prescribed fee.

• Marginal note:Confirmation of claim to priority

  (2) A claim respecting priority based on a preceding application made in a country of the Union or an agreement country shall not be allowed unless, within three months after the date on which the claim is submitted to the Commissioner, it is confirmed by filing with the Commissioner a copy, certified as correct by the appropriate authority in that country and accompanied by an English or French translation of the certified copy, if made in any other language, of each document that constituted the preceding application.

• Marginal note:Supporting application given priority

  (3) An application given priority under subsection (1) shall be supported by the required material furnished pursuant to this Act and the regulations before the expiration of the prescribed period, not exceeding four years, after the last day of the twelve months within which the application is submitted in accordance with paragraph (1)(a).

• Marginal note:Cases of two or more preceding applications

  (4) Where an application made under section 7 is preceded by two or more applications made, in the appropriate manner, in different countries of the Union or agreement countries, for protection pursuant to the breeding of the same new variety by the same breeder as in the case of the application made under section 7, reference in subsection (1) to an application made in any such country shall be construed as reference to whichever of those applications was first made.