assignment of the application to him.
11. Application
A breeder who wants to be granted a plant breeders' right in respect of a new plant variety
shall, present written application to the Ministry. The conditions and procedure in
accordance with which applications may be lodged, examined and decided shall be
specified by regulations.
12. Provisional Protection
1/ The applicant shall be deemed to have a plant breeders' right in respect of the new
variety during the period between the date the application for plant breeders' right is filed
and the granting of plant breeders' right or the final rejection of the application.
2/ The genetic material of the new plant variety under provisional protection shall not be
used for non-research purposes. The Ministry shall take the necessary measures to
prevent the use of the genetic material of such variety for non-research purposes.
13. Opposition
Where an application is lodged for a plant breeders' right, any person, who considers that
the granting of plant breeders' right will be contrary to public interest, or that the variety
does not fulfill the requirements for granting plant breeders' right, or that the applicant is
not entitled to plant breeders' right, may lodge with the Ministry an opposition to the
application setting out the particulars for the opposition. The conditions and procedure
pursuant to which opposition shall be lodged, examined and disposed shall be specified by
regulations.
14. Granting of Plant Breeders' Right
The Ministry shall grant a plant breeders' right if it is satisfied that:
1/ the plant variety is new;
2/ there is no ground, as provided for in this Proclamation, to refuse the granting of plant
breeders' right to the applicant;
3/ the breeder has a proof that he has obtained the genetic resource used to develop the
variety in accordance with the relevant laws on access to genetic resources;
4/ a plant breeders' right has not been granted to another person in respect of the variety;
5/ there has been no earlier application, that has not been withdrawn or rejected, for a
plant breeders' right in respect of the new variety in question; and
6/ all fees payable in relation to the granting of plant breeders' right have been paid.
15. Register of Plant Breeders' Right
The Ministry shall keep a register of plant breeders' rights. The particulars that may be
entered in the register shall be specified by regulations.