TITLE VI
OBLIGATIONS OF THE OWNER OF
THE PLANT VARIETY CERTIFICATE
Article 37
Maintenance of the Variety
(1) The owner of the plant variety certificate is required to maintain the protected
variety or where appropriate its hereditary components, at his own expense, throughout the
period of validity of the certificate.
(2) At the request of the Organization he is obliged to furnish to any authority
designated by it, within the prescribed time limit and at his own expense, the information,
documents or material deemed necessary for verifying the maintenance of the variety.
Article 38
Furnishing of Samples
(1) The owner of a plant variety certificate is required to furnish at his own expense to
any authority designated by the Director General, within the time allowed, suitable samples of
the protected variety, or where appropriate of its hereditary components, for the purpose of:
(a) establishing or renewing the official sample of the variety, or
(b) carrying out the comparative examination of varieties for the purposes of protection.
(2) The owner of a plant variety certificate may be required to maintain or preserve the
official sample himself.
TITLE VII
CHANGE OF OWNERSHIP, INVALIDATION, FORFEITURE
Article 39
Change and Division of Ownership
(1)(a) A plant variety certificate may be assigned or transferred by succession.
(b) Any change of ownership shall be recorded in writing. It shall also be registered by
the Organization and shall not be binding on third parties unless recorded in the special
register; the Organization shall publish a notice of the change of ownership.
(2)(a) The owner of a plant variety certificate may grant exclusive or non-exclusive
licenses.
(b) Any license shall be evidenced in writing and shall be registered by the
Organization; it shall not be binding on third parties unless recorded in the special register;
the Organization shall publish a notice thereof.
Article 40
Invalidation of the Plant Variety Certificate
(1) Any person having a legitimate interest may file a request for invalidation with the
Director General.
(2) The court shall invalidate the plant variety certificate if it is established: