Page:20040426 CPAORD 81 Patents Law.pdf/24

This page has been proofread, but needs to be validated.
72) Chapter Threequater, Article 21 is added to read as follows:

“A. The Registrar may cancel the variety's registration only according to the following criteria:

1. If it is demonstrated as a result of the technical examination provided in Article 9 of this Chapter, that the variety's uniformity and stability are no longer fulfilled;

2. If the breeder does not provide the Registrar with the information, documentation or materials deemed necessary for verifying the maintenance of the variety;

3. If the breeder fails to pay the annual fixed fees; or

4. If the breeder does not propose, where the denomination of the variety is cancelled after the grant of the right, another suitable denomination.

B. For the purposes of applying subparagraphs 2, 3 and 4 of paragraph (A) of this Article, the Registrar shall notify the breeder of the cancellation; the cancellation shall not be done except after the expiration of the period fixed by the issued regulation governing this Chapter.”

73) Chapter Threequater, Article 22 is added to read as follows: “The Registrar shall register the decision of the registration nullity or its cancellation, which shall be published in the Official Gazette.”
74) Chapter Threequater, Article 23 is added to read as follows: “Decisions shall be subject to appellate review to the Court of Appeals within sixty days from the date of the notification of the decision.”
75) Chapter Threequater, Article 24 is added to read as follows:

“A. Each variety shall be registered with a denomination which will be its generic designation. The denomination may be composed of a word, a combination of words and numbers or a combination of letters and numbers, which may or may not have a meaning. The denomination shall not be composed of numbers except where this is an established practice for designating varieties.

B. A variety must be submitted to the Registrar under the same denomination used in other countries unless the denomination is considered unsuitable in Iraq.

CPA/ORD/26 April 2004/81
24