Despite all the diligence you demonstrated in the specific circumstances, you were unable to respect a deadline with the Belgian Intellectual Property Office (IPObel) relating to your application for plant breeders' rights or your issued plant breeders' rights? And as a direct consequence you lost a right or a means of redress? In that case, you can ask for your rights to be restored.
Please note: some deadlines cannot be restored
Conditions for restoration
- You must submit a written application within two months of the termination of the cause of non-compliance with the deadline and, if this obstacle persists, at the latest within one year of the expiry of the missed deadline;
- You must pay the restoration fee within a period of two months after the filing of the request for restoration;
- The act omitted within the initial IPObel deadline must be accomplished within two months of the termination of the cause of non-compliance with the IPObel deadline;
- You must give reasons for the request and indicate the facts and justifications on which it relies.
If someone has, in good faith, used the material of a protected variety or made effective and serious preparations to use the material of a protected variety or of a variety that is subject of a published application for plant breeders' rights, and for which a loss of rights was established and restoration of the rights was requested, this person may continue such use free of charge in or for the purpose of their business.