Each duly filed application for a plant variety certificate shall be published in the Plant
Variety Protection Bulletin referred to in Article 59 below.
The particular purpose of such publication shall be to inform all persons having an
interest therein of the application for a plant variety certificate.
As from the day of publication referred to in the preceding paragraphs, all persons may
inspect the application as entered in the National Register of Applications for Plant Variety
Certificates.
Article 46
Within a period of three months as from the date of publication referred to in the
preceding Article, any person having an interest therein may submit observations in writing to
the Competent Office.
Such observations shall be reasoned and may only concern the fact that the variety
applied for is not eligible for protection in accordance with the provisions of Articles 5 and 14
of this Law.
Article 47
Any opposition concerning the breeder’s claim to the variety for which a plant variety
certificate is sought shall be submitted directly to the competent courts.
It shall be entered in the National Register of Applications for Plant Variety
Certificates.
Article 48
Where the variety denomination proposed by the breeder or his successor in title was
not included in the initial application or where the breeder proposes, at the request of the
Office, a new denomination, such denomination shall be published in the Bulletin referred to
in Article 59 below.
Article 49
Any observations submitted shall be notified by the Competent Office to the holder of
the application.
The holder shall have a period of one month as from the day on which he confirms
receipt of the notification to submit his arguments or his defense.
Article 50
Once the application has been duly registered, the Competent Office shall prosecute the
application for a plant variety certificate and, where appropriate, examine the observations
relating thereto.