Procedure in cases of requests for invalidation

(1) An application for the invalidation of a breeder’s right may be filed by any interested person and shall be deemed not to have been filed if the fee prescribed is not paid. (2) The application shall be filed in a written reasoned statement and may be filed even after the breeder’s right has expired. (3) The application may not be filed during the period in which an appeal may still be made against the grant of the breeder’s right or while proceedings on such appeal are still pending before the Court. (4) The Registrar shall not accept the application if it is not accompanied by a reasoned statement, or if it was filed during the period within which an appeal could still be made against the grant of the breeder’s right, or while proceedings on such an appeal are still pending before the Court. (5) Where he accepts the application, the Registrar shall hear the holder of the breeder’s right and may obtain any other evidence and shall conduct the hearing on his own initiative. (6) The Registrar shall discontinue the hearing if the request for the invalidation is withdrawn. 20 (7) Where the Registrar finds that the application is not justified, he shall reject it. (8) Where the Registrar finds that the application is justified he shall declare the breeder’s right null and void.