Article 59

1. Any person may lodge with the Office a written objection to the grant of a Community plant variety right.

 

2. Objectors shall be party to the proceedings for grant of the Community plant variety right in addition to the applicant. Without prejudice to Article 88, objectors shall have access to the documents, including the results of the technical examination and the variety description as referred to in Article 57 (2).

 

3. Objections may be based only on the contention that:

(a) the conditions laid down in Articles 7 to 11 are not complied with;

(b) there is an impediment under Article 63 (3) or (4) to a proposed variety denomination.

 

4. Objections may be lodged:

(a) at any time after the application and prior to a decision pursuant to Articles 61 or 62, in the case of paragraph 3 (a) hereof;

(b) within three months of the publication of the proposed variety denomination pursuant to Article 89, in the case of objections under paragraph 3 (b) hereof.

 

5. The decisions on objections may be taken together with the decisions pursuant to Articles 61, 62 or 63.