Page:20040426 CPAORD 81 Patents Law.pdf/19

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 * || withdrawal of the application to provide the necessary information and documentation for the examination.”
 * 60)||Chapter Threequater, Article 9 is added to read as follows:
 * 60)||Chapter Threequater, Article 9 is added to read as follows:

“A. The variety may be subjected to a technical examination to verify the following:

1. It is listed under the plant taxonomy determined in its application; and

2. It fulfills the conditions of distinctiveness, uniformity and stability provided in paragraphs (B), (C) and (D) of Article 4 of this Chapter.

B. The examination provided in item (2) of paragraph (A) of this Article shall be carried out under the supervision of the Ministry by one of the following methods:

1. Pursuant to the growth and germination examinations and any other necessary tests carried out by a technical authority inside or outside Iraq if such examinations or tests have been done in environmental conditions comparable to those of Iraq; or

2. The Ministry shall carry out the examinations and tests cited in subparagraph (1), or at the expense of the breeder, designate an authority to perform the examinations or tests on its behalf.

C. A technical committee of those experienced and skilled in the art shall be established in accordance with instructions issued by the Minister and shall be asked to evaluate the results of the examinations and tests provided in paragraph (B) of this Article to comply with the procedures of registering the variety provided that such instructions shall include defining the other tasks of this Committee; how it shall work, make decisions and all related matters.”
 * 61)||Chapter Threequater, Article 10 is added to read as follows:
 * 61)||Chapter Threequater, Article 10 is added to read as follows:

“A. The Registrar shall ask the applicant to provide all the necessary information and documentation for undertaking the technical examination provided in Article 9 of this Chapter within the period defined in a regulation issued in accordance with this Chapter. If the applicant does not provide the requested information, the Registrar shall consider the application as abandoned; this decision may be appealed to the Court of Appeals within sixty days from the date of notification.
 * }Rh