Plant Breeders Rights Regulations

Plant Breeders' Rights Regulations:

These Regulations may be cited as the Plant Breeders' Rights Regulations.

For the purposes of the Act and these Regulations, "description" means a narrative that defines the characteristics of a plant variety for the purpose of demonstrating that the variety in question is a new variety. Identifiable characteristics refer to characteristics of a plant variety that may be included in a description and that, when so included, permit a clear distinction to be made between that variety and all other varieties in its category.

The Regulations apply to any plant variety belonging to a category set out in Schedule I.

Criteria relating to common knowledge include whether the variety is already being cultivated or exploited for commercial purposes or whether it is described in a publication accessible to the public.

In the case of a new variety of a category set out in Schedule I, with respect to the requirements concerning a sale or concurrence in a sale outside Canada, the period referred to in paragraph 7(1)(c) of the Act shall commence six years before the date of receipt by the Commissioner of the application for the grant of plant breeders' rights respecting the new variety of woody plants.

An objection made under subsection 22(1) of the Act in respect of an application for the grant of plant breeders' rights shall be filed by submitting a written statement within a period of six months after the date of publication of the application.

An assignee shall comply with the requirements of subsection 31(1) of the Act and section 26 of the Regulations within 30 days after the date of assignment of the plant breeder's rights.