Article 73

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1.   Any designation of a procedural representative shall be communicated to the Office. The communication shall contain the name and address of the procedural representative; Article 2(2) and (3) shall apply mutatis mutandis.

2.   Without prejudice to Article 2(4), the communication referred to in paragraph 1 shall also identify as such any employee of the party to proceedings. An employee may not be designated as a procedural representative within the meaning of Article 82 of the basic Regulation.

3.   Failure to comply with the provisions of paragraphs 1 and 2 shall lead to the communication being deemed not to have been received.

4.   A procedural representative whose mandate has ended shall continue to be considered as procedural representative until the termination of his mandate has been communicated to the Office. Subject to any provisions to the contrary contained therein, a mandate shall however, terminate vis-à-vis the Office upon the death of the person who conferred it.

5.   Two or more parties to proceedings acting in common, shall appoint one procedural representative and notify the Office thereof. Where they have not notified a procedural representative to the Office, the party to the proceedings first named in an application for a Community plan variety right or for an exploitation right to be granted by the Office or in an objection shall be deemed to be appointed as the procedural representative of the other party or parties to the proceedings.

 

6.  Paragraph 5 shall apply where, in the course of proceedings, a transfer of a Community plant variety right is made to more than one person and where such persons have appointed more than one procedural representative.