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Commission Regulation (EC) No 874/2009Show full title

Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (recast)

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Article 16Filing of the application

1.An application for a Community plant variety right shall be filed at the Office, at the national agencies designated or the sub-offices established pursuant to Article 30(4) of the basic Regulation.

Where the application is filed at the Office it may be filed in paper format or by electronic means. Where it is filed at the national agencies or sub-offices it shall be filed in paper format in duplicate.

2.The information sent to the Office in accordance with Article 49(1)(b) of the basic Regulation shall contain:

  • particulars for identifying the applicant and, where appropriate, his procedural representative,

  • the national agency or sub-office at which the application for a Community plant variety right was filed, and

  • the provisional designation of the variety concerned.

3.The Office shall make available the following forms free of charge:

(a)an application form and a technical questionnaire, for the purposes of filing an application for a Community plant variety right;

(b)a form for forwarding the information referred to in paragraph 2, indicating the consequences of any failure of the forwarding.

4.The applicant shall fill in and sign the forms provided for in paragraph 3. Where the application is submitted by electronic means it shall comply with the second subparagraph of Article 57(3) as regards the signature.

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