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(e) “Competent Office” means the governmental services determined by regulation for the application of this Law and its implementing regulations. CHAPTER II CONDITIONS OF PROTECTION Article 3 The grant of the breeder’s right shall not be subject to any conditions other than those laid down in Article 5 of this Law, provided that the variety is designated by a denomination in accordance with the provisions of Article 14 below, that the applicant complies with the formalities provided for by this Law and its implementing regulation and that he pays the fees referred to in Article 60 below. Article 4 Only those varieties shall be protected that belong to the genera and species included in the list drawn up by the Office which shall state for each genus or species those elements covered by the breeder’s right. Article 5 A breeder’s right shall be granted if following the prior examination referred to in Article 50 below, the variety is recognized to be new, distinct, uniform and stable. Article 6 The variety shall be deemed to be new if, at the date of filing of the application for a breeder’s right, propagating or harvested material or a transformed product of the variety has not been sold or otherwise disposed of to others, by or with the consent of the breeder, for the purposes of exploitation of the variety for more than one year in Morocco or for more than four years or, in the case of trees and vines, for more than six years abroad. Article 7 The variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the filing of the application. In particular, any other variety shall be deemed a matter of common knowledge if there exists for that variety in any other country an application for protection, provided that such application leads to the granting of a breeder’s right, or an entry in an official variety register, as of the date of the application or of the entry, as the case may be. A variety may also be deemed a matter of common knowledge by reference to various factors such as cultivation or marketing already in progress, inclusion in a reference collection, or precise description in a publication.

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