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

article  61

CELEX:  01994R2100-20080131

Refusal
1. The Office shall refuse applications for a Community plant variety right if and as soon as it establishes that the applicant:
(a) has not remedied any deficiencies within the meaning of Article 53 which he was given an opportunity to correct within the time limit notified to him;
(b) has not complied with a rule or request pursuant to Article 55 (4) or (5) within the time limit laid down, unless the Office has consented to non-submission; or (c) has not proposed a variety denomination which is suitable pursuant to Article 63.
2. The Office shall also refuse applications for a Community plant variety right if:
(a) it establishes that the conditions it is required to verify pursuant to Article 54 have not been fulfilled; or (b) it reaches the opinion on the basis of the examination reports pursuant to Article 57, that the conditions laid down in Articles 7, 8 and 9 have not been fulfilled.