(6) The provisions of paragraph (3) above shall be a matter of public policy.
Article 11
National Treatment
Foreigners may also obtain plant variety certificates in accordance under the conditions
laid down in this Annex.
TITLE III
PROCEDURE FOR THE GRANT OF
A PLANT VARIETY CERTIFICATE
Article 12
Filing the Application
(1)(a) Where the application for a plant variety certificate is filed with the Ministry
responsible for industrial property, a record, one copy of which shall be handed to the
applicant, shall be drawn up by the competent official of the said Ministry recording the filing
and specifying the date on which and the time at which the documents were submitted. The
Ministry shall forward the application to the Organization within five working days of the
filing date.
(b) Where the application is filed directly with the Organization, the competent official
shall draw up the record referred to in the above subparagraph.
(2) The application shall contain:
(a) the name and other prescribed information relating to the applicant, the breeder and
the representative if any;
(b) identification of the botanical taxon (Latin name and common name);
(c) the denomination proposed for the variety or a provisional designation, and
(d) a succinct technical description of the variety.
(3) Proof of payment of the required fees shall be attached to the application.
(4) The above documents shall be in one of the working languages of the Organization.
(5) The applicant may withdraw his application at any time until it is ruled that the
application satisfies the conditions necessary for a plant variety certificate to be issued.
Article 13
Claiming Priority
(1) Any person wishing to avail himself, under Article 11 of the International
Convention for the Protection of New Varieties of Plants, of the priority of an earlier filing
shall be required to attach to his application for a plant variety certificate, or to submit to the
Organization within four months of the date of his application:
(a) a written statement specifying the date and number of the earlier filing, the country
in which it was made and the name of the applicant;
(b) a certified copy of the earlier application;
(c) if he is not the person who filed that application, written authority from the
applicant or his successors in title empowering him to avail himself of the priority concerned.