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Chapter VII Examination of applications for plant breed certificates 45. Any application for a plant breed certificate which has been duly filed shall give rise to publication in the journal for the protection of plant varieties provided for in Article 59 below. Such publication shall be intended in particular to bring the application for the plant breed certificate to the attention of any person with an interest. As from the day of publication provided for in the previous paragraphs, any person may acquaint himself with the application, as entered in the National Register of Applications for Plant Breed Certificates. 46. Within a period of three months as from the date of publication provided for in the previous Article, any person with an interest may submit written observations to the competent authority. Such observations must be substantiated and may only relate to the fact that the variety filed for is not eligible for protection under the provisions of Articles 5 and 14 of this Law. 47. Challenges relating to the validity of the breeder’s right in the variety for which a plant breed certificate has been applied for shall be brought directly before the competent courts. They shall give rise to an entry in the National Register of Applications for Plant Breed Certificates. 48. Where the denomination for the variety proposed by the breeder or his successor in title did not appear in the initial application or where the breeder proposes, at the request of the competent authority, a new denomination, such denomination shall be published in the journal provided for in Article 59 below. 49. The observations submitted shall be notified by the competent authority to the owner of the application. The owner shall have one month starting from the day on which he acknowledged receipt of such notice, to present his arguments or defense. 50. Once the application has been duly filed, the competent authority shall examine the application for a plant breed certificate and, where applicable, to examine the related observations. During the examination, a prior examination shall be made of the variety with a view to ensuring that said variety is new, distinct, uniform and stable for the purposes of Article 5 of this Law. The competent authority shall draw up the list of national or foreign technical bodies authorized to conduct the prior examination of the varieties which are the subject of an application for a plant breed certificate. 51. The examination shall be suspended at the written request of any person who provides proof that he has brought an action before the competent court claiming ownership of the application for the plant breed certificate. However, tests decided by the authority may be carried out. The examination shall resume once the court decision further to the action referred to in the first paragraph above has become final. It may also resume at any time subject to the

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