Cancellation of a registered variety denomination

(1) The Registrar shall cancel any registered variety denomination at the request of, (a) any interested person or on his own initiative if the denomination should not have been registered or if, subsequent to registration, facts become known which would have justified the rejection of the denomination; (b) the holder of the breeder’s right or of a third person, if a final court decision is delivered according to which the variety denomination must be cancelled or if it is established that a third-party right exists in the denomination and the holder of the breeder’s right agrees to the cancellation; or (c) a person who is obliged to use the variety denomination under section 33 (1) of this Act, if he is prohibited by a final court decision from using that denomination, provided that the holder of the breeder’s right had participated or had been given the opportunity to participate in the court 26 (2) Where he cancels the variety denomination, the Registrar shall request the holder of a breeder’s right to submit, within the time specified by him, a proposal for a new variety denomination, and shall, if the proposal is acceptable, register it. (3) Where the proposal for a new variety denomination is not acceptable, the Registrar shall again request the holder to submit another proposal for a new variety denomination. (4) The Registrar shall establish, at the request of the holder or a third person, a provisional variety denomination where the holder or the third person demonstrates a legitimate interest. (5) Where, after the period for submitting a proposal for a new variety denomination has expired, the holder of the breeder’s right has not submitted the requested proposal, the Registrar may establish on his own initiative, a provisional variety or permanent variety denomination.