6.—(1) A name of a plant variety is suitable in accordance with this regulation for publication in the Gazette if—
(a)the name is not unsuitable as described in paragraph (2) below; and
(b)in respect of a plant variety known at the time the National Authorities determine an application for its acceptance on to a National List, the name of the variety is, so far as it can be, the name under which the variety is already known at that time.
(2) For the purposes of this regulation a name of any plant variety is unsuitable if the National Authorities are satisfied that—
(a)its use in the territory of the Community is precluded as provided in article 2 of the Commission Regulation (trade mark as prior right of a third party);
(b)it may commonly cause its users difficulties as regards recognition or reproduction;
(c)it is identical or may be confused with a name of another plant variety as specified in article 4 of the Commission Regulation;
(d)it is identical to or may be confused with another name commonly used for the marketing of goods, or which is not available by virtue of other legislation;
(e)it is liable to give offence in a member State or is contrary to the public interest; or
(f)it is liable to mislead or cause confusion concerning the characteristics, value or identity of the variety.
(3) For the purposes of this regulation a variety is known at the time the National Authorities determine an application for its acceptance on to a National List if—
(a)it is registered in an official register of plant varieties, as defined in article 4(d) of the Commission Regulation;
(b)it has previously been accepted on to a National List, a list in another member State corresponding to a National List or the Common Catalogue;
(c)it is not clearly distinguishable from another variety assessed, with regard to distinctness, stability and uniformity in accordance with rules corresponding to those of the Common Catalogue Directive or the Vegetable Seed Marketing Directive, in a third country—
(i)which is a member of the International Union for the Protection of New Varieties of Plants; or
(ii)with which there is an agreement in relation to official checks on practices for the maintenance of that other variety in the Annex to Council Decision 97/788/EC(1) on the equivalence of checks on practices for the maintenance of varieties carried out in third countries; or
(d)it is not clearly distinguishable from a variety previously accepted on to a National List, on a list in another member State corresponding to a National List or the Common Catalogue.
(4) If the National Authorities are aware that seed or propagating material of a plant variety, whose name is suitable in accordance with this regulation for publication in the Gazette, is marketed in a third country for commercial purposes under a different name, the National Authorities shall include that name in the reference to the name of the variety on the National List.
(5) If the National Authorities are satisfied that the name by reference to which the variety was accepted on to a National List was not in accordance with the provisions of this regulation, the Secretary of State—
(a)shall adapt the name of the variety on the List to ensure it conforms with those provisions and publish in the Gazette a notice of the adapted name; and
(b)may publish a notice in the Gazette that the name by reference to which the variety was accepted may be used in addition to the adapted name for a period specified in the notice.
(6) The National Authorities shall not grant an application for a change to the name of a variety accepted on to a National List or a change to the name of a variety proposed in any application for acceptance of a variety on to a National List, unless they are satisfied that the proposed new name complies with the requirements of this regulation.
(7) The National Authorities shall inform the applicant of a decision made by them under this regulation relating to the application and of the reasons for it.
OJ No. L322, 25.11.97, p. 39.