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Article 29
Rights shall be transferred with the exception of the right to the amounts accruing from the
compulsory authorization to exploit under Article 24 of this Law.
Article 30
Rights may be transferred to others on expiry of a period of three years as from grant of the
new plant variety certificate or a period of four years as from the filing of the application to
obtain the certificate in the event of the owner of the certificate or applicant or his successor in
title omitting, without good reason, to do the following:
−
to begin to exploit the plant variety that is the subject matter of the certificate or
make serious and effective preparation for so doing.
−
to market the plant variety.
−
to relinquish exploitation of the plant variety for a period of more than 3 years.
Article 31
Transfer of rights in the manner referred to in Article 30 of this Law may be made for the
benefit of any person satisfying the conditions laid down in Article 15 of this Law on a request
submitted to the competent authority and in which the requester proves that he has not been able
to obtain an authorization to exploit from the owner of the certificate or from the applicant and
that he is in a position to exploit the plant variety concerned in a serious and effective manner.
Article 32
The State may, at any time and for reasons of general interest, obtain authorization to
exploit the plant variety that is the subject matter of the certificate or the application, directly or
on its behalf.
The compensation arising therefrom shall be computed in accordance with Article 24 of
this Law.
Article 33
The holder of a plant variety certificate shall forego his right in the following cases:
1.- where the competent authority ascertains that the protected variety no longer satisfies
the conditions on the basis of which the new plant variety certificate was issued;
2.- where the holder of the certificate is no longer able to prove at any time the plant
components used for the production or propagation of the plant variety and which are such as to
reproduce the protected variety with its morphological and physiological characteristics that have
been specified in the new plant variety certificate;
3.- where the holder of the certificate does not permit inspections carried out by the
competent authority with a view to checking the precautions taken to safeguard the variety;