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