249. Timing of the application.

249.     Timing of the application.

Where an application for plant breeders' rights1 under the domestic legislation2 is made in respect of a variety3 for which the applicant has made an earlier rights application (a 'parallel application'4) under EC law5, the law of an international organisation6, or the law of a foreign country or state7, the domestic application is deemed to have been made on the date of the parallel application8. An applicant may take advantage of this provision only if:


    (1)     the parallel application was made in the 12 months immediately preceding the domestic application9;


    (2)     the