the Contracting Parties of the International Convention for the Protection of New Varieties of
Plants.
(3) The denomination shall be registered at the same time as the plant variety certificate
is issued.
Article 26
Opposition to Registration of a Denomination
(1) Any concerned person may, within the prescribed time limit, file opposition to the
registration of a denomination based on any of the grounds for refusal set forth in Article 24.
The relevant services of the Contracting Parties may submit observations.
(2) Oppositions and observations shall be communicated to the applicant in order that
he may respond to them or, where appropriate, submit a new proposal.
(3) Where the proposal for a denomination does not conform to the provisions of
Article 23, the Organization shall request the applicant to submit a new denomination
proposal. If the proposal is not submitted within the time allowed, the application shall be
rejected.
(4)(a) The new proposal shall be subject to the examination and publication procedure
set forth in this Article.
(b) Where the new proposal does not conform to the provisions of Article 23, the
Organization may serve formal notice on the applicant to propose a denomination that does
conform. If the applicant fails to do so, the application shall be rejected.
(5) The Organization’s decision on the opposition shall be subject to appeal to the High
Commission of Appeal during a period of three months from the receipt of notification of the
decision to the persons concerned.
Article 27
Cancellation of a Denomination and Registration of a New Denomination
(1) The Organization shall cancel a registered denomination:
(a) if it proves that the denomination was registered in spite of the existence of grounds
for rejection under Article 21(1);
(b) if the owner so requests, invoking a legitimate interest, or
(c) if a third party produces a court decision prohibiting the use of that denomination in
connection with the variety.
(2) The Organization shall advise the owner of the proposal to cancel and shall invite
him to submit a proposal for a new denomination within the time limit specified. If the
variety is no longer protected, the proposal may be made by the Organization.
(3) The proposal for a new denomination shall be subject to the examination and
publication procedure set forth in Article 25. The new denomination shall be registered and
published once it has been approved; the former denomination shall be cancelled at the same
time.