During prosecution, a prior examination of the variety shall be effected to ascertain
whether the variety is new, distinct, uniform and stable in accordance with Article 5 of this
Law.
The Competent Office shall determine the list of domestic or foreign technical bodies
authorized to carry out the prior examination of the varieties for which a plant variety
certificate is sought.
Article 51
Prosecution shall be suspended at the written request of any person who furnishes proof
that he or she has instituted before a competent court proceedings to claim ownership of the
application for the plant variety certificate. However, the tests ordered by the Office may be
carried out.
Prosecution shall be resumed once the court decision on the proceedings referred to in
the first paragraph above becomes final. It may also be resumed at any time with the written
consent of the person who has instituted the proceedings claiming ownership. Such consent
shall be irrevocable. During that period, the holder of the application may not withdraw the
application without the written consent of the person who has instituted the proceedings to
claim ownership. Further, such person shall be required to participate in the prosecution of
the application in the same way as the holder of the application.
Article 52
When the various measures of the prosecution have been completed, a summary report
of the results of the prosecution shall be notified to the holder of the application. The
applicant shall have two months to submit his observations. He may, during that period,
inspect the complete examination file at the relevant service of the Competent Office.
Any person who has submitted observations in accordance with the provisions of this
Law shall be informed of the conclusions of the report which concern his intervention. At his
request, the Competent Office may authorize him to inspect the file concerning that
intervention. He may submit further observations within the same period of time as referred
to above.
CHAPTER VIII
ISSUE OF PLANT VARIETY CERTIFICATES
Article 53
On expiry of the time limit referred to in the preceding Article 52, the Competent Office
shall take a decision on the application. It may decide either the issue of a plant variety
certificate or the rejection of the application or an additional examination in accordance with
the conditions and time limits that it shall determine.
Its decision shall be reasoned. It shall be notified to the applicant and, where
appropriate, to persons having made observations.