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Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights article 21 CELEX: 01994R2100-20080131 Cancellation of Community plant variety rights
1. The Office shall cancel the Community plant variety right with effect in futurum if it is established that the conditions laid down in Article 8 or 9 are no longer complied with. If it is established that these conditions were already no longer complied with from a point in time prior to cancellation, cancellation may be made effective as from that juncture. 2. The Office may cancel a Community plant variety right with effect in futurum if the holder, after being requested to do so, and within a time limit specified by the Office: (a) has not fulfilled an obligation pursuant to Article 64 (3); or (b) in the case referred to in Article 66, does not propose another suitable variety denomination; or (c) fails to pay such fees as may be payable to keep the Community plant variety right in force; or (d) either as the initial holder or as a successor in title as a result of a transfer pursuant to Article 23, no longer satisfies the conditions laid down in Articles 12 and 82. |