Skip to main content
LibrarySign in
page 8 Article 29 Rights shall be transferred with the exception of the right to the amounts accruing from the compulsory authorization to exploit under Article 24 of this Law. Article 30 Rights may be transferred to others on expiry of a period of three years as from grant of the new plant variety certificate or a period of four years as from the filing of the application to obtain the certificate in the event of the owner of the certificate or applicant or his successor in title omitting, without good reason, to do the following: − to begin to exploit the plant variety that is the subject matter of the certificate or make serious and effective preparation for so doing. − to market the plant variety. − to relinquish exploitation of the plant variety for a period of more than 3 years. Article 31 Transfer of rights in the manner referred to in Article 30 of this Law may be made for the benefit of any person satisfying the conditions laid down in Article 15 of this Law on a request submitted to the competent authority and in which the requester proves that he has not been able to obtain an authorization to exploit from the owner of the certificate or from the applicant and that he is in a position to exploit the plant variety concerned in a serious and effective manner. Article 32 The State may, at any time and for reasons of general interest, obtain authorization to exploit the plant variety that is the subject matter of the certificate or the application, directly or on its behalf. The compensation arising therefrom shall be computed in accordance with Article 24 of this Law. Article 33 The holder of a plant variety certificate shall forego his right in the following cases: 1.- where the competent authority ascertains that the protected variety no longer satisfies the conditions on the basis of which the new plant variety certificate was issued; 2.- where the holder of the certificate is no longer able to prove at any time the plant components used for the production or propagation of the plant variety and which are such as to reproduce the protected variety with its morphological and physiological characteristics that have been specified in the new plant variety certificate; 3.- where the holder of the certificate does not permit inspections carried out by the competent authority with a view to checking the precautions taken to safeguard the variety;

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents