Article 7
Uniformity
A variety shall be deemed uniform if, subject to the variation expected on account of the
particular features of its reproductive or vegetative propagation, it is sufficiently homogenous
in its relevant characteristics.
Article 8
Stability
A variety shall be deemed stable if its relevant characteristics remain unchanged after
repeated propagation or, where there is a particular cycle of reproductive or vegetative
propagation, at the end of each such cycle.
Article 9
Right to a Plant Variety Certificate
(1) The right to a plant variety certificate shall belong to the breeder.
(2) If two or more persons have bred a variety jointly, the right to a plant variety
certificate shall belong to them jointly.
(3) The right to a plant variety certificate may be assigned or transferred by succession.
(4) The breeder shall be mentioned as such on the plant variety certificate.
(5)(a) In the absence of proof to the contrary the applicant shall be considered the
person entitled to a plant variety certificate.
(b) Where a person not entitled to a plant variety certificate has filed an application, the
entitled person may institute proceedings for transfer of the application or of the plant variety
certificate if already issued. Proceedings for transfer shall be statute-barred five years after
the publication date of the issue of the plant variety certificate. No time limit shall apply to
proceedings brought against a defendant who has acted in bad faith.
Article 10
Plant Varieties Bred by Employees
(1) Subject to the statutory provisions governing contracts of service or of employment
and except where otherwise agreed by contract, the right to a plant variety certificate for a
variety bred in fulfilment of such a contract shall belong to the principal or employer.
(2) The same provision shall apply where an employee is not required by his
employment contract to engage in inventive activity, but has bred the variety using
information or facilities that his employment has made available to him.
(3) In the case referred to in paragraph (2) above, the employee who has bred the
variety shall be entitled to remuneration that reflects the importance of the variety and, failing
agreement between the parties, shall be laid down by the court. In the case referred to in
paragraph (1) above, the aforesaid employee shall have the same right if the invention is of
very exceptional importance.
(4) The provisions of this Article shall also apply to servants of the State, of local
communities and of any legal entity under public law, except where specifically provided
otherwise.
(5) If the employer expressly waives his right to the plant variety certificate, the right
shall belong to the employee-breeder.