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.

Send your written request to the IPObel

Comment

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.

Last update
1 September 2023