This is merely hypothetical;
'Plant A' is a non-protected hybrid plant. 'Plant B' is a protected Hybrid. Can I use the pollen to 'Plant B' to pollinate 'Plant A' to create a new hybrid, 'Plant X', for commercial purposes? or the opposite can I use the pollen of 'Plant A' to pollinate 'Plant B' to make a new hybrid, 'Plant Z', for market?
I am neither reproducing 'Plant B' sexually or asexually, just using it to create a new hybrid through sexual reproduction.
I plan to introduce this new hybrid 'Plant X' or 'Plant Z' for marketing in both Canada and US.
'Plant B' is registered under Canada's Plant Breeders Rights Act. Does the act protect the breeder of this plant from me using it for this purpose in Canada? Does it inhibit me from protecting my new hybrid 'Plant X' or 'Plant Z'?
This plant also has a U.S. Plant Patent. Does that patent inhibit me from using 'Plant B' for breeding purposes. My purposes are to first Patent 'Plant X' or 'Plant Z' and market it in the U.S.
Side note - Can I get protection for 'Plant X' if I do not know what plant donated the pollen? I have a greenhouse full of this plant. The greenhouse has many varieties some protected, but many not protected. I collected the seeds from 'Plant A' and raised a new hybrid 'Plant X', but I don't know which plant donated the pollen. Do I need to know which plant donated the pollen to file for protection under CA's PBRA or a U.S. Plant Patent?