Council Regulation (EC) No 2100/94Show full title

CHAPTER III U.K. DECISIONS

Article 61 U.K. Refusal

1. The Office shall refuse applications for a Community plant variety right if and as soon as it establishes that the applicant:

(a) has not remedied any deficiencies within the meaning of Article 53 which he was given an opportunity to correct within the time limit notified to him;

(b) has not complied with a rule or request pursuant to Article 55 (4) or (5) within the time limit laid down, unless the Office has consented to non-submission; or

(c) has not proposed a variety denomination which is suitable pursuant to Article 63.

2. The Office shall also refuse applications for a Community plant variety right if:

(a) it establishes that the conditions it is required to verify pursuant to Article 54 have not been fulfilled; or

(b) it reaches the opinion on the basis of the examination reports pursuant to Article 57, that the conditions laid down in Articles 7, 8 and 9 have not been fulfilled.

Article 62 U.K. Grant

If the Office is of the opinion that the findings of the examination are sufficient to decide on the application and there are no impediments pursuant to Articles 59 and 61, it shall grant the Community plant variety right. The decision shall include an official description of the variety.

Article 63 U.K. Variety denomination

1 Where a Community plant variety right is granted, the Office shall approve, for the variety in question, the variety denomination proposed by the applicant pursuant to Article 50 (3), if it considers, on the basis of the examination made pursuant to the second sentence of Article 54 (1), that this denomination is suitable.

2. A variety denomination is suitable, if there is no impediment pursuant to paragraphs 3 or 4 of this Article.

3. There is an impediment for the designation of a variety denomination where:

(a) its use in the territory of the Community is precluded by the prior right of a third party;

(b) it may commonly cause its users difficulties as regards recognition or reproduction;

(c) it is identical or may be confused with a variety denomination under which another variety of the same or of a closely related species is entered in an official register of plant varieties or under which material of another variety has been marketed in a Member State or in a Member of the International Unit for the Protection of New Varieties of Plants, unless the other variety no longer remains in existence and its denomination has acquired no special significance;

(d) it is identical or may be confused with other designations which are commonly used for the marketing of goods or which have to be kept free under other legislation;

(e) it is liable to give offence in one of the Member States or is contrary to public policy;

(f) it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder or any other party to proceedings.

4. There is another impediment where, in the case of a variety which has already been entered:

(a) in one of the Member States; or

(b) in a Member of the International Union for the Protection of New Varieties of Plants; or

(c) in another State for which it has been established in a Community act that varieties are evaluated there under rules which are equivalent to those laid down in the Directives on common catalogues;

in an official register of plant varieties or material thereof and has been marketed there for commercial purposes, and the proposed variety denomination differs from that which has been registered or used there, unless the latter one is the object of an impediment pursuant to paragraph 3.

5. The Office shall publish the species which it considers ‘closely related’ within the meaning of paragraph 3 (c).