New Varieties of Plants, or are being carried out by that service, and the results can be
obtained by the Director General, the examination shall be based on those results.
(6) The Organization shall determine the practical conditions for the technical
examination.
Article 19
Information, Documents and Material Required for Examination;
Examination Fee
(1) The applicant is required to provide all information, documents or material required
by the Organization for the technical examination; failure to do so shall cause the application
to be rejected unless the applicant is able to give good grounds for his inaction.
(2) The creator of a new plant variety may be required to submit additional information
and documents to support his variety, together with the plant material required for the
technical examination.
(3) The cost of the technical examination shall be borne by the applicant and shall be
paid directly to the Organization. The latter shall establish a schedule of fees for the principal
botanical taxa.
Article 20
Confidentiality of Applications
Applications for plant variety certificates shall be kept secret by the Organization, the
administrations and institutions involved in the procedures. Access to information concerning
applications shall be regulated. No information relating to applications may be disclosed
without the consent of the breeder, except in special cases determined by the Organization.
Article 21
Grounds for Rejection of Applications
(1) An application shall be rejected prior to registration if it is established that:
(a) the applicant is not entitled to file an application;
(b) the applicant has not responded within the prescribed time limit to the rectification
notices issued by the Organization, notably where:
(i) the information given was erroneous or incomplete;
(ii) the application contained a material irregularity;
(c) the variety to which the application refers:
(i) does not satisfy the requirements of Articles 4 to 8;
(ii) belongs to a botanical taxon that is excluded under Article 3;
(d) the applicant refuses or is unable to propose an acceptable denomination.
(2) The Organization shall notify its decision to the applicant, record it and publish a
notice of rejection. The rejection decision shall be subject to appeal to the High Commission
of Appeal.