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Commission Regulation (EC) No 874/2009 CHAPTER II — Objection

Article 31–Article 32 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Filing of objections

Article 31

1.   Objections under Article 59 of the basic Regulation shall contain: (a) the name of the applicant and the file number of the application to which the objection is lodged; (b) the designation of the objector as a party to proceedings as set out in Article 2 of this Regulation; (c) if the objector has appointed a procedural representative, his name and address; (d) a statement on the contention referred to in Article 59(3) of the basic Regulation on which the objection is based, and on particulars, items of evidence and arguments presented in support of the objection. 2.   If several objections in respect of the same application for a Community plant variety right are filed, the Office may deal with those objections in one set of proceedings.

Rejection of objections

Article 32

1.   If the Office finds that the objection does not comply with Article 59(1) and (3) of the basic Regulation or Article 31(1)(d) of this Regulation or that it does not provide sufficient identification of the application against which objection is lodged, it shall reject the objection as inadmissible unless such deficiencies have been remedied within such time limit as it may specify. 2.   If the Office notes that the objection does not comply with other provisions of the basic Regulation or of this Regulation, it shall reject the objection as inadmissible unless such deficiencies have been remedied prior to the expiry of the objection periods.

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