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Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights

article  53

CELEX:  01994R2100-20080131

Formal examination of application
1. The Office shall examine whether:
(a) the application has effectively been filed pursuant to Article 49;
(b) the application complies with the conditions laid down in Article 50 and the conditions laid down in the implementing rules pursuant to that Article;
(c) where appropriate, a claim for priority complies with the provision laid down in Article 52 (2), (4) and (5); and (d) the fees due pursuant to Article 83 have been paid within a time limit specified by the Office.
2. If the application, although complying with the conditions referred to in Article 51, does not comply with other conditions laid down in Article 50, the Office shall give the applicant an opportunity to correct any deficiencies that may have been identified.
3. If the application does not comply with the conditions referred to in Article 51, the Office shall inform the applicant thereof, or, where this is not possible, publish the information pursuant to Article 89.