What Canada Plant Breeders' Rights Act: Variety Protection, Exclusive Rights and Farmers' Privilege requires
The Plant Breeders' Rights Act (S.C. 1990, c. 20) confers intellectual property protection on new plant varieties in Canada, administered by the Plant Breeders' Rights Office within the Canadian Food Inspection Agency (CFIA), implementing Canada's obligations under the UPOV Convention. Section 2 defines 'plant variety', 'plant breeder's rights' (the rights granted under section 27) and 'propagating material' (reproductive or vegetative material, including seeds for sowing). Section 4(2) sets the conditions for protection: the variety must be new, clearly distinguishable from all other varieties, stable in its essential characteristics, and sufficiently homogeneous (uniform). Section 7(1) limits applicants to breeders or their legal representatives who are citizens or residents of Canada or of a country of the Union or an agreement country. Section 5(1) grants the holder exclusive rights to produce and reproduce propagating material, condition it for propagation, sell it, export or import it, make repeated use of it to produce other varieties, use ornamental plants as propagating material, stock it, and to authorize those acts. Section 6(1) sets the duration at 25 years for a tree, vine or category specified by regulation, and 20 years in any other case, beginning on the day the certificate is issued. Section 5.3 preserves the farmers' privilege for harvested material grown and saved for the sole purpose of propagation, and section 32 allows the Commissioner to grant compulsory licences. Provisional protection applies from the filing date (section 19). Infringement makes a person liable to the holder for damages, with injunctions and other remedies available (section 41). The Commissioner maintains a register (section 63). Offences under section 53 are punishable, for an individual, by a fine up to $5,000 on summary conviction or up to $15,000 and three years' imprisonment on indictment, with higher fines for corporations.
Pillar: Agriculture & Agritech · Authority: Parliament of Canada / Canadian Food Inspection Agency (Plant Breeders' Rights Office) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/P-14.6/FullText.html
SHA-256 integrity: 65c6b85c8b4a34f4837716e9e8336b54a51555b60ae4e397708456ced146885c
Primary Citations — 8 traced to source
- Plant Breeders' Rights Act, S.C. 1990, c. 20, Section 2 - definitions of plant variety, plant breeder's rights and propagating material.
- Plant Breeders' Rights Act, Section 4(2) - conditions for protection: new, distinguishable, stable and sufficiently homogeneous.
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