Article 17
Objections to the Issue of a Plant Variety Certificate
(1) Once the application has been published, any person may file with the
Organization, within the prescribed time limit and in the prescribed form, written and
reasoned objections to the issue of a plant variety certificate. A fee shall be charged on the
filing of an objection.
(2) Objections may be filed exclusively for the purpose of asserting that the variety is
not new, distinct, uniform or stable or that the applicant is not entitled to protection.
(3) The Organization shall send a copy of the notice of objection to the applicant who
may respond, stating the grounds for his response, within a period of three months, renewable
once. If the applicant’s response does not reach the Organization by the prescribed time limit,
he shall be deemed to have withdrawn his application for registration.
(4) Before ruling on the objection, the Organization shall hear the parties or one of the
parties, or their representatives, if so requested.
(5) The Organization’s ruling on the objection shall be subject to appeal to the High
Commission of Appeal within a period of 30 days from notification of the decision to the
parties concerned.
Article 18
Examination of the Application for a Plant Variety Certificate and
Technical Examination of the Variety
(1) The Organization shall examine the application as to form and as to substance in
order to verify, on the basis of the information supplied:
(a) that a filing date can be allocated in accordance with Article 15;
(b) that the documents in the application are complete and satisfy the requirements laid
down in Articles 12 and 13;
(c) that the application is not excluded under the provisions of Article 3;
(d) that the variety applied for is new.
(2) If the items in the application are incomplete or do not conform, the Organization
shall invite the applicant to put the application in order within a period of 60 days from the
date of receipt of the notification. Any application not put in order within the time allowed
shall be deemed not to have been filed.
(3) A technical examination shall also be carried out, on the basis of growing trials and
other necessary tests, to ensure:
(a) that the variety belongs to the taxon specified;
(b) that the variety is distinct, uniform and stable, and to establish,
(c) where the variety is found to satisfy the above conditions, the official description of
that variety.
(4) The technical examination shall be conducted by an authorized institution approved
by the Organization.
(5) Where the growing trials and other necessary tests have been carried out by the
relevant service of a Contracting Party of the International Convention for the Protection of