The joint owners may derogate therefrom at any time by means of joint ownership
regulations.
Chapter VI
Filing of applications for plant breed certificates
39. Applications for plant breed certificates must be filed with the competent authority
in the forms and conditions fixed by regulation.
Natural persons or legal entities with no domicile or company head office in Morocco
must appoint an agent with its domicile or company head office in Morocco.
Unless stipulated otherwise, the powers of the agent designated in the conditions
provided for in the previous paragraph shall extend to all acts relating to the exercise of the
breeder’s right and to the receipt of all the notices provided for in this Law, except the
withdrawal of the application for a plant breed certificate or the waiver, in full or in part, of
the rights deriving from the said certificate.
40. The benefit of the date of filing of the application shall be acquired if, at the time of
such filing, all of the documents provided for by regulation under the first paragraph of
Article 39 above have been produced and if the fees for services rendered laid down in Article
60 of this Law have been paid.
Where the filing does not include the aforegoing documents, the application shall not be
entertained and shall be sent back to the applicant, who shall be reimbursed for any fees paid.
Any material errors must be corrected within the two months following notification to
the applicant, failing which the application shall be rejected and sent back to the applicant.
41. A provisional reference may be given in the stead of a denomination to designate
the variety which is the subject of the application, at the time of filing thereof. In this case,
the denomination must be proposed, on pain of inadmissibility of the application, within two
months following notification sent to the owner of the application by the competent authority.
42. A copy of the application for the plant breed certificate shall be given to the
applicant, at the time of filing, bearing a stamp attesting to the day and time of filing of the
application and including a registration number.
43. The application shall be entered in the National Register of Applications for Plant
Breed Certificates provided for in Article 58 below, in the order of filing, under the number
assigned to the applicant.
This number must appear on all notices addressed to the applicant until the grant of the
plant breed certificate, where applicable.
44. Until the grant of the plant breed certificate, the applicant may seek the correction
of material errors detected in the documents filed.
The request must be submitted in writing and contain the text of the amendments
proposed by the applicant. It shall be entered in the National Register of Applications for
Plant Breed Certificates and shall only be entertained if it is accompanied by proof of
payment of the fees due for services rendered.