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5.—(1) Subject to paragraph (2), an entitlement to compensation under Article 7 arises on the date of the grant of the rights.
(2) Where, after a grant of rights pursuant to Article 6(4) or 12(9), the conditions of the licence which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.
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