(a) that the variety was not new or distinct on the filing date of the application or on the
priority date if any;
(b) that, where the issue of the plant variety certificate was essentially based on
information and documents submitted by the applicant, the variety was not uniform or stable
on the aforesaid date, or
(c) that the plant variety certificate has been issued to a person not entitled thereto and
the entitled person has not instituted or has abstained from instituting proceedings for judicial
assignment under Article 9(5)(b).
(3) An invalidated plant variety certificate shall be deemed invalid as of its date of
issue.
(4) Invalidation shall be registered by the Director General, who shall publish a notice
thereof.
Article 41
Forfeiture
(1) The Organization shall deprive the owner of his plant variety certificate if it is
established that he has failed in his obligation under Article 37(1) and that the variety is no
longer uniform or stable.
(2)(a) The Organization shall also deprive the owner of his plant variety certificate:
(i) if the said owner does not respond to a request by the Director General under
Article 37(2) with regard to verification of maintenance of the variety, or
(ii) if the Organization intends to cancel the variety denomination and the owner does
not propose a suitable denomination within the time allowed.
(b) Forfeiture may not be declared until the owner has been put on formal notice to
meet the obligation incumbent on him within a reasonable period which shall have been
notified to him.
(3) Forfeiture shall take effect on the date of its registration; the Organization shall
publish a notice thereof.
TITLE VIII
PROCEDURAL TIME LIMITS
Article 42
Extension of Time Limits
Where the Organization deems such action justified by the circumstances it may, on
being so requested in writing, extend, on conditions that it shall specify, the time limit
prescribed for performing an act or taking a step in accordance with the provisions of this
Annex or of the Implementing Regulations by notifying its decision to the parties concerned.
Extension may be granted even if the time limit concerned has expired.