If the holder of an ex officio license fails to comply with the required conditions,
forfeiture may be declared in accordance with the conditions laid down by regulation.
Article 28
The State may at any time obtain ex officio for the needs of defense a license to exploit
a plant variety that is the subject matter of an application for a certificate or of a plant variety
certificate, whether exploitation is to be carried out by the State itself or on its behalf.
The ex officio license shall be granted by means of an administrative order under the
conditions laid down by regulation.
The administrative order shall lay down the conditions under the license. The royalties
under the ex officio license shall be agreed by the parties or, failing agreement between them,
their amount shall be laid down by the administrative court of Rabat.
The license shall take effect as of the date of the application for an ex officio license.
Article 29
The rights deriving from an ex officio license may be neither assigned nor transferred.
Article 30
The rights of the owner of a plant variety certificate shall be cancelled:
(1) if it is established that the protected variety no longer fulfills the conditions set out
in Articles 8 and 9,
(2) if he is unable to furnish to the Competent Office the information, documents or
plant material used for the maintenance of his variety,
(3) if he fails to propose, in the event of cancellation of the denomination of the
variety after grant of the title, another denomination,
(4) if he does not pay the fees for services rendered, where appropriate, for
maintaining his right.
Cancellation shall be ordered in accordance with the conditions established by
regulation.
If cancellation is ordered on the grounds of item 4 above, the holder of the certificate
may, within six months following the expiry of the prescribed period, lodge an appeal for
reinstatement of his rights if he can give legitimate reasons for his failure to pay the fees for
services rendered. However, such appeal shall not prejudice any rights acquired by third
parties.
A breeder whose rights are liable to be cancelled under items 2 or 3 above shall be
summoned to remedy the situation by means of a notice served on him by the Competent