SECTION 15 OF THE PROTECTION OF NEW PLANT VARIETIES ACT OF TRINIDAD &TOBAGO,1997 STATES:
15. (1) The effect of the plant breeder's right is that the prior authorisation of the holder of that right shall be required for --
(a) the production for purposes of commercial marketing;
(b) the offering for sale; or
(c) the marketing, of the reproductive or vegetative propagating material, as such, of the variety.
(2) In the case of an ornamental variety, prior authorization of the holder of that right shall also be
required where plants of the protected variety or parts thereof, normally marketed for purposes other than propagation, are used commercially as propagating material in the production of ornamental plants or cut flowers of that variety.
(3) Authorisation by the holder of the plant breeder's right shall not be required for the utilization
of the variety protected by that right, as an initial source of variation for the purpose of creating other varieties or for the marketing of such other varieties, but shall, however, be required when the repeated use of the variety protected by a plant breeder's right is necessary for the commercial production of another variety.
SECTION 37 OF THE PROTECTION OF NEW PLANT VARIETIES ACT OF TRINIDAD &TOBAGO,1997 STATES:37. (1) Subject to this Act, infringements of the right of the holder of a plant breeder's right shall be
auctionable in the Court at the suit of the holder of that right and in any action for such an infringement all such relief by v ay of damages, injunction, accounts or otherwise shall be available in any corresponding proceedings in respect of infringements of other proprietary rights.
(2) The Court shall have the authority --
(a) to grant injunctions to prohibit the committing, or continuation of committing, of an infringement of the holder of the plant breeder's right, pursuant to section 15;
b) to order the forfeiture, seizure and destruction of propagating material which has been produced in contravention of a plant breeder's right;
(c) to fix the amount of damages taking into account the pecuniary and nonpecuniary loss suffered by the holder of the plant breeder's right.
(3) Where the person alleged to have infringed a right did not know or could not reasonably be expected to know that he was engaged in activity, that infringed a right the Court may limit damages to the profits attributable to the infringement.
(4) The Court shall not, in respect of the same infringement, both award the holder of the plant
breeder's right damages and order that he be given an account of profits.
SECTION 38 OF THE PROTECTION OF NEW PLANT VARIETIES ACT OF TRINIDAD &TOBAGO,1997 STATES: