Article 53a

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1.  Proceedings on nullity and cancellations as referred to in Articles 20 and 21, respectively, of the basic Regulation may be opened by the Office when there are serious doubts as regards the validity of the title. Such proceedings may be initiated by the Office on its own motion or upon request.

 

2.  A request to the Office to open the proceedings on nullity or cancellation, as referred to in Articles 20 and 21, respectively, of the basic Regulation, shall be accompanied by evidence and facts raising serious doubts as to the validity of the title and shall contain:

(a) as regards the registration in respect of which nullity or cancellation is sought:

(i) the registration number of the Community plant variety right;

(ii) the name and address of the holder of the Community plant variety right;

(b) as regards the grounds on which the request is based:

(i) a statement of the grounds on which the request to open the proceedings on nullity or cancellation is based;

(ii) an indication of the facts, evidence and arguments presented in support of those grounds;

(c) the name and address of the person making the request and, where he has appointed a procedural representative, the name and address of that representative.

 

3.  Any decision of the Office to reject a request as referred to in paragraph 2 shall be communicated to the person who made the request and the holder of the Community plant variety right.

 

4.  The Office shall not take into account written submissions or documents, or parts thereof, that have not been submitted within the time limit set by the Office.

 

5.  Any decision of the Office to declare null and void or cancel a Community plant variety right shall be published in the Official Gazette referred to in Article 87.