Page:20040426 CPAORD 81 Patents Law.pdf/18

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 * || “A. The date at which the Registrar received the application for registration shall be deemed as its filing date provided that it fulfills all the legal requirements and includes the applicant’s identification information and a sample of the variety intended for registration.

B. If the Registrar discovers that the application does not fulfill the requirements determined in paragraph (A) of this Article, the applicant may either complete the application or make the necessary modifications within thirty days from the date of notification by the Registrar. The date the application is completed shall be considered the filing date. Where the application is not completed as requested, the Registrar shall have the right to consider the application abandoned, with an opportunity for appeal to the Court of Appeals within sixty days from the date of notifying the applicant.”
 * 59)||Chapter Threequater, Article 8 is added to read as follows:
 * 59)||Chapter Threequater, Article 8 is added to read as follows:

“A. 1. The applicant for plant variety registration shall include with the application, a claim for the right of priority based on a previous application filed in a country member of the World Trade Organization or other relevant international agreement to which Iraq is also a member provided that the application is filed in Iraq within a period not to exceed twelve months as calculated from the date following the first filing date.

2. If the application includes a priority claim pursuant to item (1) of this Articleparagraph (A) of this Article [sic], the Registrar may ask the applicant, within three months from the filing date, to provide an exact copy of the documentation related to the first application approved from the office in which it was filed. The Registrar may ask the applicant within such period to provide any samples or other evidence which affirms that the variety subject of the first application is the same variety of the application related to the priority right. In such case, the filing date of the application shall be deemed as the same date on which the application was filed in the other country.

B. If the applicant is unable to demonstrate the claimed priority right in accordance with paragraph (A) of this Article, the application shall be registered on the date filed with the Registrar.

C. The applicant may ask for a grace period of two years after the expiration of the priority period to provide the Registrar with the necessary information, documentation and required materials in accordance with this Chapter for the purposes of examination pursuant to Article 9 of the Chapter. If the filed application in the other country was not accepted or was withdrawn, the applicant shall be given a grace period of six months from the date of rejection or
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