(1) Where there are two or more earlier applications, priority may be based only on the
earliest application.
(2) Priority may be claimed only within a period of 12 months from the filing date of
the first application.
(3)(a) Priority shall have the effect of the application being deemed to have been filed
on the filing date of the first application with regard to the conditions governing the protection
accorded to the variety.
(b) The applicant shall moreover have the faculty of requesting deferment of the
examination of the variety for not more than two years from the expiry date of the priority
term or three years from the filing date of the first application. However, if the first
application is rejected or withdrawn, examination of the variety may be commenced before
the date specified by the applicant; in that case the applicant shall be afforded a reasonable
period within which to furnish the information, documents or material required for
examination.
(5) Failure to submit in due time any of the aforementioned items shall result as of right
in loss of the benefit of the priority right claimed. Any item that reaches the Organization
more than four months after the filing of the application for a plant variety certificate shall be
declared inadmissible.
Article 14
Inadmissibility for Non-Payment
No application shall be admissible if the application is not accompanied by a document
proving payment of the prescribed fees.
Article 15
Filing Date
(1)(a) The Organization shall allocate as the filing date the date of receipt of the
application at the Ministry responsible for industrial property or at the Organization on
condition that, at the time of receipt, the application contains at least the items referred to in
Article 12(2).
(b) If the Organization finds that, at the time of receiving the application, not all the
items referred to in Article 12(2) have been furnished, it shall request the applicant to make
the necessary corrections and shall allocate as the filing date the date of receipt of the
corrections requested; if the correction is not made within the time allowed, the application
shall be deemed not to have been filed.
(2) If the application contains defects other than that referred to in the preceding
subparagraph, the Organization shall invite the applicant to rectify it; if the application is not
rectified within the time allowed, it shall be deemed not to have been filed.
Article 16
Publication of the Application
The Organization shall publish a notice of filing of the application containing at least
the items mentioned in Article 12(2)(a) to (c).