COUNTRY : CANADA
CAPITAL : OTAWA
LANGUAGE : ENGLISH & FRENCH
INTERNATIONAL TREATIES TO WHICH CANADA IS SIGNATORY
- Paris Convention for the protection of Industrial Property.
- Agreement on Trade Related Aspects of Intellectual Property – TRIPS.
- Union for the Protection of New Varieties of Pl
PLANT BREEDERS RIGHTS LEGISLATION:
Plant Breeders Rights in Canada are protected by:
Plant Breeders Rights Act – PBRA
BASICS REGARDING PROTECTION OF PLANT BREEDERS RIGHTS:
The PBRA protects New Plant Varieties which are:
- – Distinct and clearly distinguishable from all existing varieties in common knowledge Stable
- Of a homogenous variety
PLANT VARIETIES PROTECTED AS PER PLANT BREEDERS RIGHTS:
- New Varieties designated by means of a denomination proposed by the applicant and approved by the commissioner.If the proposed denomination is unsuitable for registration, the commissioner may reject the proposed denomination and the applicant is to submit another denomination.
The denomination must conform to prescribed requirements and must not be such as to be likely to mislead or cause confusion concerning either the breeder or the value and identity of the applied plant variety
PLANT VARIETIES NOT PROTECTED AS PER PLANT BREEDERS RIGHTS:
The PBRA does not protect the denomination given to such variety, if:
- Applications for the grant of protection are incompatible with the Act or Regulations.
- The variety for which application filed, is not new
- Such applicant is not entitled to make the application as per Canadian lawParityPatents Law Firms through its Attorney and Law Firms in Canada is at hand to help you with PBR protection and registration.
WHO MAY APPLY FOR PLANT BREEDERS RIGHTS:
- Breeders of the new variety
- Breeders’ employer or legal representative
FILING REQUIREMENTS AS PER PLANT BREEDERS PROTECTION ACT:
Application made for protection under the PBRA to contain the following requisites:
- The application is to be made in the prescribed manner accompanied by the prescribed fee
- Adequately supported by relevant documents and other materials
- Agents’ details where necessary
- Priority details if any
- Statement of Uniformity and Stability along with distinctiveness
- Methods for maintaining the variety
EXAMINATION PROCESS AND GRANT OF PLANT BREEDERS RIGHTS:
- Upon receipt of the application, it is formally examined to confirm compliance with all the requisites.
- Upon application being compliant, it is published .
- Post publication and before grant of registration, interested third parties may file their opinion / objections challenging the grant of plant variety registration within a prescribed time limit.
- Application is then substantially examined by the Commissioner by way of tests and trials of the applied Plant Variety and also rely on official tests and trials therein from appropriate authorities in any country
- Once the Commissioner is satisfied with all the tests, trials and results therein, he may grant Plant Breeders Rights to the new plant variety
RIGHTS OF OWNERS AS PER PLANT BREEDERS PROTECTION ACT:
Duration of Registration: Term of grant of Plant Breeders Rights Registration shall be 18 yrs. from the date of grant of certificate of registration.
Owners of the registered plant variety may:
- Sell and produce the plant variety in Canada for the purposes of selling the propagating material of the protected plant variety
- Make repeated use of the propagating material of the protected plant variety towards commercial production of another variety
- Use the propagating material where the protected plant variety consists of ornamental plants or cut flowers or parts thereof normally marketed
- Authorise intended persons, conditionally or unconditionally, to carry out all of the above acts
COMPULSORY LICENCE PROVISIONS AS PER PBR PROTECTION ACT:
Authorities may issue compulsory licenses in the following circumstances to ensure that:
- The registered plant variety is made available to the public at reasonable and affordable prices.
- The protected plant variety is widely distributed and marketed.
- The quality therein is maintained to the highest standards.
- The propagating material of the registered plant variety is made available to the compulsory. license holder by the holder of the Plant Breeders Rights.ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Canada, can assist you comprehensively with PBR Compulsory Licence matters.