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Content of the Application
for a Variety Patent:
(1) The application
for the grant of a variety patent shall contain:
(a) a request for
the grant of a variety patent and the data identifying the applicant or
applicants as the case may be;
(b) a provisional denomination of the variety;
(c) identification of the botanical taxon, with both its Latin and its
common name;
(d) a technical questionnaire describing the new variety in a standardized
form;
(e) a claim of priority deriving from an earlier application filed in
another State, where
applicable.
(2) The application
for the grant of a variety patent shall be accompanied by the following
documents:
(a) proof of payment
of the fee for the filing of the application;
(b) documents confirming the priority, if claimed;
(c) the power of attorney where the applicant is represented by an authorized
agent;
(d) a statement by the applicant on his own responsibility, that the variety
for which protection (is sought) has not been commercially exploited,
as provided in Article 6;
(e) the names of the breeder or breeders and a declaration by the applicant
according to which, to the best of his knowledge, no other persons have
been involved in breeding, or discovery and development of the variety;
(f) the instrument of assignment of the right to the grant of a variety
patent where the applicant is not the same person as the breeder;
(g) any other documents and material capable of providing information
on the origin and
testing of the new variety, or on any variety patent application filed
in another country;
(h) the geographical origin of the variety.
(3) The application
shall relate to one variety only.
(4) All documentation
shall be submitted in Romanian.
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