(2) For a plant variety certificate to be maintained, an annual fee shall be paid to the
Organization in advance of each year, with the first fee due one year after the date of issue of
the certificate. A six-month period of grace shall be allowed for payment of the annual fee
after the due date, subject to payment of the prescribed additional fee. If an annual fee is not
paid in accordance with the provisions of this paragraph, the owner of the plant variety
certificate forfeits his rights.
Article 34
Provisional Protection
An applicant shall enjoy all the rights provided for in this Title as from the filing of the
application, provided that proceedings may not be instituted for damages occasioned through
the fault of the defendant after publication of the application until the plant variety certificate
has been issued.
Article 35
Restoration of Protection
(1) Without prejudice to the provisions of Article 33(2) above, if the protection
conferred by a plant variety certificate has not been renewed for reasons beyond the control of
the owner the latter may, on payment of the required annual fee and of a restoration fee,
request that it be restored within a period of six months from the date on which the said
reasons ceased to obtain, and at the latest within two years from the date on which renewal
was due.
(2) The request for restoration of the plant variety certificate, accompanied by
documentary evidence of payment of the fees referred to in the preceding paragraph, shall be
filed with the Organization and shall set forth the reasons which, for the owner or his
successor in title, justify restoration.
(3) The Organization shall examine the above-mentioned reasons and shall restore the
plant variety certificate or reject the request if it does not consider the reasons justified.
(4) Restoration shall not have the effect of prolonging the term of the plant variety
certificate. Any third parties who have begun to exploit the variety prior to restoration of the
certificate shall be entitled to complete such exploitation.
(5) Restored plant variety certificates shall be published by the Organization in the
manner prescribed by the Implementing Regulations.
(6) The decisions of the Organization with respect to restoration shall be subject to
appeal to the High Commission of Appeal within a period of 30 days from the date of receipt
of the notification thereof.
Article 36
Exploitation by the Public Authorities or by a Third Party Authorized by Them
(1)(a) The Government may decide that a variety shall be exploited, without the
consent of the owner of the plant variety certificate, by a State service or by a third party
designated by the Government where:
(i) the public interest, particularly the food supplies of the member State concerned or
public health, so demands; or
(ii) a judicial or administrative body has ruled that the manner in which the owner of
the plant variety certificate or his licensee exploits the variety is anti-competitive and the