Article 61

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.