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Saskatchewan - Apply for Plant Breeders Rights

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ProcedureEdit

Apply In-Person:

  1. To apply for Plant Breeders Rights in person, the applicant has to visit the Plant Breeders Rights office of the Canadian Food Inspection Agency.
  2. The address and contact details can be found in the following Contact link
  3. Visit the office and obtain an application form for Plant Breeders Rights from the relevant department. Or click here to download Application form
  4. The applicant has to complete the application with details and information as required in the application form.
  5. After completing, it should be attested with the applicant’s signature. Then, all the documents listed in the “Required Documents” section of this page, should be attached with the completed application form.
  6. The applicant should pay an amount of $250 for the submission and application processing which should also accompany this completed form.
  7. While submitting the application form, the applicant should also request for site examination by completing and submitting a request form along with the examination fee Request form
  8. On receipt of the completed forms and required documents, the office begins the examination which determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS).
  9. If the office finds the applicant to be eligible for the grant of rights, it will notify the applicant through any applicable means.
  10. After receiving the notice, the applicant have to complete and submit a Confirmation of Grant of Rights Information form Confirmation of Grant form
  11. Upon the receiving the Confirmation of Grant of Rights Information form, the office will issue the Plant Breeders Rights Certificate to the applicant, through any applicable means.


Apply online:

  1. To apply for Plant Breeders Rights online, the applicant has to visit the following Apply online
  2. If the applicant already has an account, they can enter the user details in the applicable fields and click “Login” button.
  3. If not, they should click “Create WIPO account” option which is present on the left side. In the profile creation page, the applicant should enter all the required details.
  4. Then, click “Create a WIPO Account” button. A verification email will be sent to the provided email address.
  5. The applicant has to click on the link provided on the email validate the account. Once clicked, the account will be validated and the applicant will be redirected to the login page.
  6. The applicant can enter the user details in the fields provided and enter into the WIPO Account.
  7. After entering into the account, the applicant has to locate the applicable option to apply for Plant Breeders Rights Certificate.
  8. Online application form will be opened in which the applicant has to enter the required details and information.
  9. Follow the onscreen instructions and complete the application form. The applicant should pay an amount of $250 for the application processing by following the on screen instructions.
  10. During the application process itself, the applicant should make a request for site examination and make the payment for the examination.
  11. On successful payment, the office begins the examination which determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS).
  12. If the office finds the applicant to be eligible for the grant of rights, it will notify the applicant through any applicable means.
  13. After receiving the notice, the applicant have to complete and submit a Confirmation of Grant of Rights Information form Confirmation of Grant form
  14. Upon the receiving the Confirmation of Grant of Rights Information form, the office will issue the Plant Breeders Rights Certificate to the applicant, through any applicable means.


Apply through mail:

  1. To apply for Plant Breeders Rights through mail, the applicant has to send a mail application to the mailing address of the Plant Breeders Rights office.
  2. Mailing address of the office can be found in the following Contact link
  3. Firstly, the applicant has to download the application form by clicking the following Application form
  4. The applicant has to complete the application with details and information as required in the application form.
  5. After completing, it should be attested with the applicant’s signature. Then, all the documents listed in the “Required Documents” section of this page, should be attached with the completed application form.
  6. The applicant should pay an amount of $250 for the submission and application processing which should also accompany this completed form.
  7. While submitting the application form, the applicant should also request for site examination by completing and submitting a request form along with the examination fee Request form
  8. The completed forms and required documents should be sent to the following address Plant Breeders’ Rights Office, Canadian Food Inspection Agency, 59, Camelot Drive, Ottawa, ON K1A 0Y9, Canada.
  9. On receipt of the completed forms and required documents, the office begins the examination which determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS).
  10. If the office finds the applicant to be eligible for the grant of rights, it will notify the applicant through any applicable means.
  11. After receiving the notice, the applicant have to complete and submit a Confirmation of Grant of Rights Information form Confirmation of Grant form
  12. Upon the receiving the Confirmation of Grant of Rights Information form, the office will issue the Plant Breeders Rights Certificate to the applicant, through any applicable means.


Apply through email:

  1. To apply for Plant Breeders Rights through email, the applicant has to send an email application to the email address of the Plant Breeders Rights office.
  2. Email address can be found in the following Contact link
  3. Firstly, the applicant has to download the application form by clicking the following Application form
  4. The applicant has to complete the application with details and information as required in the application form.
  5. After completing, it should be attested with the applicant’s signature. Then, all the documents listed in the “Required Documents” section of this page, should be attached with the completed application form.
  6. The applicant should pay an amount of $250 for the submission and application processing which should also accompany this completed form.
  7. While submitting the application form, the applicant should also request for site examination by completing and submitting a request form along with the examination fee Request form
  8. The completed forms and required documents should be sent to the following email address [email protected]
  9. On receipt of the completed forms and required documents, the office begins the examination which determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS).
  10. If the office finds the applicant to be eligible for the grant of rights, it will notify the applicant through any applicable means.
  11. After receiving the notice, the applicant have to complete and submit a Confirmation of Grant of Rights Information form Confirmation of Grant form
  12. Upon the receiving the Confirmation of Grant of Rights Information form, the office will issue the Plant Breeders Rights Certificate to the applicant, through any applicable means.



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Required DocumentsEdit



Office Locations & ContactsEdit

Plant Breeders’ Rights Office,
Canadian Food Inspection Agency,
59, Camelot Drive,
Ottawa,
ON K1A 0Y9, Canada,
Email: [email protected]
Phone: 1-855-212-7695
Fax: 613-773-7115
Website link
Contact link

EligibilityEdit

  • The applicant may be the breeder of a new variety or it may be the breeder's employer or legal representative.
  • The applicant may be an individual, a company or an organization.
  • The applicant must also be a citizen of, reside in, or have a registered office in Canada, or be from a UPOV member country, agreement country or member country of the World Trade Organization (WTO).



FeesEdit

  • The applicant should pay an amount of $250 for the submission and application processing.


Reference Fees details

ValidityEdit

  • PBR's are granted for a period of up to 25 years for the variety of a tree and vine (including their rootstocks), and 20 years for all other varieties of plants (excluding algae, bacteria and fungi), effective from the date of issue of the Certificate of Plant Breeders' Rights.



Documents to UseEdit



Sample DocumentsEdit



Processing TimeEdit

Please explain processing time taken in obtaining the document/certificate.



Related VideosEdit

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.



InstructionsEdit

  • Some forms contain a button which permits the applicant to send the form by email. The form is sent using whatever email service or software the applicant have configured on their computer.
  • If the applicant is using a web mail service (vs. email client software) and have not configured their email service to function with "mail to" links, the button may not function.
  • In such cases, the applicant can save their file, and send the file as an attachment using whatever functionality the computer configuration and email provider supplies.
  • Canadian Food Inspection Agency (CFIA) fillable PDF forms have been tested for compatibility with Adobe Reader 10 and higher and may not be fully supported in other PDF viewers and on some mobile devices.
  • Also, note that many tablets/phones will not open these forms even with Adobe Reader. For an alternative version, please contact us Contact link
  • Instructions for filing a Plant Breeders' Rights application Instructions



Required InformationEdit

  • Name and address of the applicant
  • City and Province/state
  • Country and Code
  • Telephone and fax number
  • Email address
  • Name and address of the agent
  • City, Province and Postal code
  • Telephone and fax number
  • Email address of agent
  • Name of Botanical family
  • Genus, species and common name of species
  • Proposed denomination and other designation(s)
  • Name and address of the Breeder
  • City and Province/state
  • Country and Code
  • Telephone and fax number
  • Other relevant details



Need for the DocumentEdit

  • Plant Breeders' Rights (PBR) are a form of intellectual property rights by which plant breeders can protect their new varieties in the same way an inventor protects a new invention with a patent.



Information which might helpEdit

  • With the grant of Plant Breeder Rights for a new plant variety, the holder of PBR obtains exclusive rights in relation to the propagating material of their variety.
  • The holder is then able to protect the variety from exploitation by others and can take legal action against individuals or companies that are conducting acts, without permission, that are the exclusive rights of the holder.
  • The holder of Plant Breeder Rights may also take action to prevent another individual or company from using the approved denomination (name) of their protected variety when that individual or company is selling propagating material of another variety of the same genus or species.
  • The International Union for the Protection of New Varieties of Plants (UPOV) is an international organization whose function is the promotion of international cooperation in the area of plant variety protection.



Other uses of the Document/CertificateEdit

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.



External LinksEdit


OthersEdit

More information which might help people.



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