application for plant breeder rights

a person becomes the "holder of plant breeder's rights" when that person is granted the rights pursuant to an application made in accordance with the act. the "breeder", or their legal representative, must make an application to the commissioner for a grant of plant breeder's rights. in order for the application to be successful, the following criteria must be fulfilled:

(a) in the case of a new variety of a recently prescribed category, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety in canada before the commencement of such period prior to the date of receipt, by the commissioner, of the application;

(b) in any other case, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety in canada before the effective date of the application;

(c) subject to any exemptions set out in the regulations to the act, neither the breeder nor a legal representative of the breeder sold or concurred in the sale of that variety outside canada before the commencement of such period prior to the date described in paragraph (a);

(d) the plant breeder must be a "breeder" as that term is defined in the act. a person is a "breeder" where that person "originates or discovers" the plant variety. if the originating is made or discovery is done in the course of employment, the act says that the employer of the person is the "breeder".

(e) the person is only eligible to apply for the grant of plant breeder's rights if the person is a citizen of, or is resident or has a registered office in, canada or a country of the union or an agreement country.

the "union" refers to any country that has ratified the international convention for the protection of new varieties of plants.

an "agreement country" means:

(a) any country,

(b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or

(c) any territory over which another country exercises a mandate or trusteeship,

that is set out in the regulations to the act as an agreement country with a view to the fulfilment of a bilateral agreement concerning the rights of plant breeders made between canada and that country.