– if it is established that the breeder’s right was granted to a person not entitled thereto, unless it is transferred to the person entitled thereto. CHAPTER V JOINT OWNERSHIP OF CERTIFICATES Article 35 Subject to the provisions of Article 38 below, joint ownership of an application for a certificate or of a certificate shall be governed by the following provisions: (a) Each joint owner may exploit the new plant variety for his own benefit, subject to equitable compensation for the other joint owners who do not personally exploit the variety or who have not granted licenses. Failing amicable agreement, such compensation shall be laid downy by the competent court. (b) Each joint owner may take action for infringement for his own exclusive benefit. The other joint owners shall be notified of the action for infringement. Judgment shall be deferred until such notification has been proved. (c) Each joint owner may grant to a third party a non-exclusive license for his own benefit subject to equitable compensation for the other joint owners who do not personally exploit the new variety or who have not granted a license. Failing amicable agreement, such compensation shall be laid down by the competent court. However, the draft licensing agreement shall be notified to the other joint owners, accompanied by an offer for transfer of the share at a specified price. Within three months of such notification, any joint owner may oppose the granting of a license on condition that he acquires the share of the joint owner wishing to grant the license. Failing agreement within the time limit laid down in the preceding paragraph, the price shall be set by the competent court. The parties shall have one month from notification of the court decision to forego the granting of a license or the purchase of the joint ownership share, without prejudice to any damages that may be due. Costs shall be borne by the renouncing party. (d) An exclusive license may only be granted with the agreement of all the joint owners or with the authorization of the court. (e) Each joint owner may, at any time, assign his share. The joint owners shall have the right of preemption during a period of three months as from notification of the intended assignment. Failing agreement on the price, such price shall be set by the competent court. The parties shall have a period of one month as from notification of the court’s decision to forego the sale or the purchase of the joint ownership share, without prejudice to any damages which may be due; the costs shall be borne by the renouncing party. Article 36