accordingly.
22. Revocation
1/ The Ministry shall revoke a plant breeders' right if;
a) it is proved that the variety was not new or that facts exist which, if known before the
granting of the right, would have resulted in the refusal of the right;
b) the holder has failed to pay the prescribed fee payable in respect of the plant
breeders' right within 90 days after having been notified that the payment has fallen
due; or
c) the holder has failed to maintain the variety.
2/ Where the Ministry decides to revoke a plant breeders' right in accordance with SubArticle (1) of this Article, it shall give written notice of the revocation to the holder stating
the grounds for the decision, and it shall give public notice of the revocation.
23. Application for Revocation
Any person whose interest is affected by the granting of a plant breeders' right may apply
to the Ministry for the revocation of the plant breeders' right in accordance with this
Proclamation. The procedure in accordance with which an application for revocation of
plant breeders' right may be examined and decided shall be specified by regulations.
PART FOUR
INFRINGEMENT OF PLANT BREEDERS' RIGHT
24. Act of Infringement
Any act in respect of a protected variety for which the authorization of the holder is
required and which is done without such authorization shall constitute an act of
infringement of a plant breeders' right.
25. Legal Action
1/ A holder whose plant breeders' right has been infringed may institute an action in court
to require the cessation of the act of infringement and claim compensation for damage.
2/ The court shall order the cessation of an act of infringement and the payment of
compensation for the damage caused on the holder unless the defendant forthwith proves
that the plant breeders' right alleged to have been infringed has to be revoked in
accordance with the provisions of article 23(1) of this Proclamation.
26. Counter Claim
1/ A defendant in an action against infringement may institute a counter claim for the
revocation of the plant breeders' right in question, if it is revocable in accordance with
Article 23(1) of this Proclamation.