Plant Breeders’ Rights Act

Marginal note:Appeal to Federal Court

• 50 (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

    • (i) annulment of the grant of plant breeder’s rights is required by section 13,

    • (ii) the grant of a protective direction is to be refused, or

    • (iii) any condition described in paragraph 20(1)(a) or (b) is fulfilled;

  • (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.