Office. If such summons has remained without effect on expiry of a period of two months as
from receipt of the notice, the breeder’s rights shall be cancelled.
Article 31
The cancellation of a breeder’s right shall be notified to the holder of the certificate. It
shall be entered in the National Register of Plant Variety Certificates and published in the
Plant Variety Protection Bulletin.
Article 32
Seizure of a certificate shall be effected by means of an extrajudicial instrument served
on the owner of the certificate, on the Competent Office and on any persons holding rights in
the certificate; as a result of seizure, no subsequent changes to the rights deriving from the
certificate may be invoked against the creditor effecting the seizure.
On pain of nullity of the seizure, the creditor effecting the seizure shall be required,
within the prescribed period of time, to petition the competent court for validation of the
seizure and for the purposes of offering the certificate for sale.
Article 33
The holder of a certificate may at any time surrender in whole or in part the rights
deriving from the certificate.
Surrender shall be effected by a written statement addressed to the Competent Office. It
shall take effect on the day of its publication in the Plant Variety Protection Bulletin referred
to in Article 59 below.
However, surrender may be withdrawn prior to publication in the Bulletin referred to
the in preceding paragraph.
Where real property rights, under a pledge or license, have been entered in the National
Register of Plant Variety Certificates, surrender shall only be admissible if accompanied by
the consent of the holders of such rights.
Article 34
At the request of any person who can prove a legitimate interest, the competent court
may be requested to declare a plant variety certificate null and void
–
if it is established that the variety was not new and distinct at the time the
breeder’s right was granted or
–
if it is established that the information and documents concerning uniformity and
stability furnished by the breeder were not effectively satisfied at the time the breeder’s right
was granted or